Maryland 2025 Regular Session

Maryland Senate Bill SB931 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0931
10	9
11	10		SENATE BILL 931
12		-	C5, M5 (5lr1535)
13		-	ENROLLED BILL
14		-	— Education, Energy, and the Environment/Economic Matters —
15		-	Introduced by Senator Feldman
16		-
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at __ ______________________ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	President.
	11	+	C5, M5 5lr1535
	12	+	CF HB 1036
	13	+	By: Senator Feldman
	14	+	Introduced and read first time: January 28, 2025
	15	+	Assigned to: Education, Energy, and the Environment
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted with floor amendments
	18	+	Read second time: March 13, 2025
30	19
31	20		CHAPTER ______
32	21
33	22		AN ACT concerning 1
34	23
35	24		Public Utilities – Generating Stations – Generation and Siting 2
36	25		(Renewable Energy Certainty Act) 3
37	26
38	27		FOR the purpose of altering the factors the Public Service Commission must consider before 4
39	28		taking final action on a certificate of public convenience and necessity; establishing 5
40		-	a distributed generation certificate of public convenience and necessity to authorize 6
41		-	the construction and operation of a certain distributed solar energy generating system; 7
42		-	requiring the Power Plant Research Program, by a certain date, to develop and submit 8
43		-	to the Commission proposed siting and design requirements and licensing conditions; 9
44		-	establishing certain requirements for the construction of a certain solar energy 10
45		-	generating station or front–of–the–meter energy storage device; prohibiting a local 11
46		-	jurisdiction from adopting certain laws or regulations or denying certain site 12
47		-	development plans under certain circumstances; requiring a local government to 13
48		-	expedite the review and approval of certain site development plans under certain 14
49		-	circumstances; authorizing a local government to establish a certain community 15 2 SENATE BILL 931
	29	+	certain requirements for the construction of a certain solar energy generating station 6
	30	+	or front–of–the–meter energy storage device; prohibiting a local jurisdiction from 7
	31	+	adopting certain laws or regulations or denying certain site development plans under 8
	32	+	certain circumstances; requiring a local government to expedite the review and 9
	33	+	approval of certain site development plans under certain circumstances; authorizing 10
	34	+	a local government to establish a certain community solar energy generating system 11
	35	+	automatic enrollment program under certain circumstances; establishing certain 12
	36	+	requirements for the sale, lease, and installation of certain residential rooftop solar 13
	37	+	energy generating systems; requiring the Department of Natural Resources to 14
	38	+	update a certain tool and analyze State–owned land suitable for solar energy 15
	39	+	development; requiring the Maryland Department of Labor to develop a special solar 16
	40	+	contractor license; requiring the Commission to conduct a certain study to establish 17
	41	+	a process by which the Commission may establish certain partnerships procurement 18
	42	+	models; and generally relating to generating stations. 19
	43	+
	44	+	BY repealing and reenacting, without amendments, 20
	45	+	Article – Public Utilities 21
	46	+	Section 7–207(d) 22
	47	+	Annotated Code of Maryland 23
	48	+	(2020 Replacement Volume and 2024 Supplement) 24 2 SENATE BILL 931
50	49
51	50
52		-	solar energy generating system automatic enrollment program under certain 1
53		-	circumstances; establishing certain requirements for the sale, lease, and installation 2
54		-	of certain residential rooftop solar energy generating systems; requiring the 3
55		-	Department of Natural Resources to update a certain tool and analyze State–owned 4
56		-	land suitable for solar energy development; requiring the Maryland Department of 5
57		-	Labor to develop a special solar contractor license; requiring the Commission to 6
58		-	conduct a certain study to establish a process by which the Commission may 7
59		-	establish certain partnerships procurement models; and generally relating to 8
60		-	generating stations. 9
61	51
62		-	BY repealing and reenacting, ~~without~~ amendments, 10
63		-	Article – Public Utilities 11
64		-	Section 7–207(d) 12
65		-	Annotated Code of Maryland 13
66		-	(2020 Replacement Volume and 2024 Supplement) 14
	52	+	BY repealing and reenacting, with amendments, 1
	53	+	Article – Public Utilities 2
	54	+	Section 7–207(e) and 7–306.2(a), (c), and (d)(7) 3
	55	+	Annotated Code of Maryland 4
	56	+	(2020 Replacement Volume and 2024 Supplement) 5
67	57
68		-	BY ~~repealing and reenacting,~~ ~~with amendments, 15~~
69		-	Article – ~~Natural Resources 16~~
70		-	Section 3–306(a)~~(1) 17~~
71		-	Annotated Code of Maryland 18
72		-	(~~2023~~ Replacement Volume and 2024 Supplement) 19
	58	+	BY adding to 6
	59	+	Article – Public Utilities 7
	60	+	Section 7–218, 7–219, 7–306.2(o), and 7–320 8
	61	+	Annotated Code of Maryland 9
	62	+	(2020 Replacement Volume and 2024 Supplement) 10
73	63
74		-	BY repealing and reenacting, with amendments, 20
75		-	Article – Public Utilities 21
76		-	Section 7–207(e) and 7–306.2(a), (c), and (d)(7) Section 7–207(b)(1)(i) and (ii), (e), and 22
77		-	(h), 7–207.1(c)(1), and 7–306.2(a), (c), and (d)(7) 23
78		-	Annotated Code of Maryland 24
79		-	(2020 Replacement Volume and 2024 Supplement) 25
	64	+	BY adding to 11
	65	+	Article – State Government 12
	66	+	Section 9–2017 13
	67	+	Annotated Code of Maryland 14
	68	+	(2021 Replacement Volume and 2024 Supplement) 15
80	69
81		-	BY repealing and reenacting, without amendments, 26
82		-	Article – Public Utilities 27
83		-	Section 7–207(d) 28
84		-	Annotated Code of Maryland 29
85		-	(2020 Replacement Volume and 2024 Supplement) 30
	70	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 16
	71	+	That the Laws of Maryland read as follows: 17
86	72
87		-	BY adding to 31
88		-	Article – Public Utilities 32
89		-	Section 7–207.4, 7–218, 7–219, 7–306.2(o), and 7–320 33
90		-	Annotated Code of Maryland 34
91		-	(2020 Replacement Volume and 2024 Supplement) 35
	73	+	Article – Public Utilities 18
92	74
93		-	BY adding to 36
94		-	Article – State Government 37
95		-	Section 9–2017 38
96		-	Annotated Code of Maryland 39
97		-	(2021 Replacement Volume and 2024 Supplement) 40
	75	+	7–207. 19
	76	+
	77	+	(d) (1) (i) The Commission shall provide an opportunity for public 20
	78	+	comment and hold a public hearing on the application for a certificate of public convenience 21
	79	+	and necessity in each county and municipal corporation in which any portion of the 22
	80	+	construction of a generating station, an overhead transmission line designed to carry a 23
	81	+	voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 24
	82	+
	83	+	(ii) The Commission may hold the public hearing virtually rather 25
	84	+	than in person if the Commission provides a comparable opportunity for public comment 26
	85	+	and participation in the hearing. 27
	86	+
	87	+	(2) The Commission shall hold the public hearing jointly with the 28
	88	+	governing body of the county or municipal corporation in which any portion of the 29
	89	+	construction of the generating station, overhead transmission line, or qualified generator 30
	90	+	lead line is proposed to be located, unless the governing body declines to participate in the 31
	91	+	hearing. 32
	92	+
	93	+	(3) (i) Once in each of the 4 successive weeks immediately before the 33
	94	+	hearing date, the Commission shall provide weekly notice of the public hearing and an 34
	95	+	opportunity for public comment: 35
98	96		SENATE BILL 931 3
99	97
100	98
101		-	~~SECTION~~ 1. ~~BE IT ENACTED~~ BY ~~THE~~ GENERAL ~~ASSEMBLY OF MARYLAND,~~ 1
102		-	~~That~~ the ~~Laws of Maryland read as follows:~~ 2
	99	+	1. by advertisement in a newspaper of general circulation in 1
	100	+	the county or municipal corporation affected by the application; 2
103	101
104		-	~~Article – Natural Resources~~ 3
	102	+	2. on two types of social media; and 3
105	103
106		-	3~~–306~~. 4
	104	+	3. on the Commission’s website. 4
107	105
108		-	(a) ~~(1) Notwithstanding anything to~~ the ~~contrary in this article or the Public~~ 5
109		-	~~Utilities Article,~~ ~~on application to~~ the ~~Public Service Commission for a certificate~~ of ~~public~~ 6
110		-	~~convenience and necessity associated with power plant~~ construction ~~IN ACCORDANCE WITH~~ 7
111		-	~~§ 7–207 OF THE PUBLIC UTILITIES ARTICLE~~, ~~the Commission shall notify immediately~~ 8
112		-	~~the Department [of Natural Resources]~~ and ~~the Department~~ of the ~~Environment~~ of ~~the~~ 9
113		-	~~application~~. 10
	106	+	(ii) Before a public hearing, the Commission shall coordinate with 5
	107	+	the governing body of the county or municipal corporation in which any portion of the 6
	108	+	construction of the generating station, overhead transmission line, or qualified generator 7
	109	+	lead line is proposed to be located to identify additional options for providing, in an efficient 8
	110	+	and cost–effective manner, notice of the public hearing through other types of media that 9
	111	+	are familiar to the residents of the county or municipal corporation. 10
114	112
115		-	Article – Public Utilities 11
	113	+	(4) (i) On the day of a public hearing, an informational sign shall be 11
	114	+	posted prominently at or near each public entrance of the building in which the public 12
	115	+	hearing will be held. 13
116	116
117		-	7–207. 12
	117	+	(ii) The informational sign required under subparagraph (i) of this 14
	118	+	paragraph shall: 15
118	119
119		-	(b) (1) (i) [Unless] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 13
120		-	THIS PARAGRAPH , UNLESS a certificate of public convenience and necessity for the 14
121		-	construction is first obtained from the Commission, a person may not begin construction in 15
122		-	the State of: 16
	120	+	1. state the time, room number, and subject of the public 16
	121	+	hearing; and 17
123	122
124		-	1. ~~a generating station; or~~ 17
	123	+	2. be at least 17 by 22 inches in size. 18
125	124
126		-	2. a qualified generator lead line. 18
	125	+	(iii) If the public hearing is conducted virtually rather than in person, 19
	126	+	the Commission shall provide information on the hearing prominently on the Commission’s 20
	127	+	website. 21
127	128
128		-	(ii) [If a person obtains Commission approval for construction under 19
129		-	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 20
130		-	obtain a certificate of public convenience and necessity under this section] A PERSON IS 21
131		-	NOT REQUIRED TO OBTA IN A CERTIFICATE OF PUBLIC CONVENIENCE A ND NECESSITY 22
132		-	UNDER THIS SECTION I F THE PERSON OBTAINS : 23
	129	+	(5) (i) The Commission shall ensure presentation and 22
	130	+	recommendations from each interested State unit, and shall allow representatives of each 23
	131	+	State unit to sit during hearing of all parties. 24
133	132
134		-	1. COMMISSION ~~APPROVAL F OR CONSTRUCTION UNDE R 24~~
135		-	~~§ 7–207.1~~ OF ~~THIS SUBTITLE;~~ ~~OR 25~~
	133	+	(ii) The Commission shall allow each State unit 15 days after the 25
	134	+	conclusion of the hearing to modify the State unit’s initial recommendations. 26
136	135
137		-	2. A ~~DISTRIBUTED GENERA TION~~ CERTIFICATE OF 26
138		-	PUBLIC CONVENIENCE ~~A ND~~ NECESSITY ~~UNDER § 7–207.4~~ OF ~~THIS SUBTITLE . 27~~
	136	+	(e) The Commission shall take final action on an application for a certificate of 27
	137	+	public convenience and necessity only after due consideration of: 28
139	138
140		-	(d) (1) (i) The Commission shall provide an opportunity for public 28
141		-	comment and hold a public hearing on the application for a certificate of public convenience 29
142		-	and necessity in each county and municipal corporation in which any portion of the 30
143		-	construction of a generating station, an overhead transmission line designed to carry a 31
144		-	voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 32
	139	+	(1) the recommendation of the governing body of each county or municipal 29
	140	+	corporation in which any portion of the construction of the generating station, overhead 30
	141	+	transmission line, or qualified generator lead line is proposed to be located; 31
	142	+
	143	+	(2) the effect of the generating station, overhead transmission line, or 32
	144	+	qualified generator lead line on: 33
145	145		4 SENATE BILL 931
146	146
147	147
148		-	(ii) The Commission may hold the public hearing virtually rather 1
149		-	than in person if the Commission provides a comparable opportunity for public comment 2
150		-	and participation in the hearing. 3
	148	+	(i) the stability and reliability of the electric system; 1
151	149
152		-	(2) The Commission shall hold the public hearing jointly with the 4
153		-	governing body of the county or municipal corporation in which any portion of the 5
154		-	construction of the generating station, overhead transmission line, or qualified generator 6
155		-	lead line is proposed to be located, unless the governing body declines to participate in the 7
156		-	hearing. 8
	150	+	(ii) economics; 2
157	151
158		-	(3) (i) Once in each of the 4 successive weeks immediately before the 9
159		-	hearing date, the Commission shall provide weekly notice of the public hearing and an 10
160		-	opportunity for public comment: 11
	152	+	(iii) esthetics; 3
161	153
162		-	1. by advertisement in a newspaper of general circulation in 12
163		-	the county or municipal corporation affected by the application; 13
	154	+	(iv) historic sites; 4
164	155
165		-	2. on two types of social media; and 14
	156	+	(v) aviation safety as determined by the Maryland Aviation 5
	157	+	Administration and the administrator of the Federal Aviation Administration; 6
166	158
167		-	~~3. on the Commission’s website.~~ 15
	159	+	(vi) when applicable, air quality and water pollution; and 7
168	160
169		-	(ii) Before a public hearing, the Commission shall coordinate with 16
170		-	the governing body of the county or municipal corporation in which any portion of the 17
171		-	construction of the generating station, overhead transmission line, or qualified generator 18
172		-	lead line is proposed to be located to identify additional options for providing, in an efficient 19
173		-	and cost–effective manner, notice of the public hearing through other types of media that 20
174		-	are familiar to the residents of the county or municipal corporation. 21
	161	+	(vii) the availability of means for the required timely disposal of 8
	162	+	wastes produced by any generating station; 9
175	163
176		-	(4) ~~(i)~~ On the ~~day of a public hearing~~, ~~an informational sign shall be 22~~
177		-	~~posted prominently at~~ or ~~near each public entrance of~~ the ~~building in which the public 23~~
178		-	~~hearing will be held.~~ 24
	164	+	(3) the effect of climate change on the generating station, overhead 10
	165	+	transmission line, or qualified generator lead line based on the best available scientific 11
	166	+	information recognized by the Intergovernmental Panel on Climate Change; [and] 12
179	167
180		-	(ii) The informational sign required under subparagraph (i) of this 25
181		-	paragraph shall: 26
	168	+	(4) for a generating station: 13
182	169
183		-	1. state the time, room number, and subject of the public 27
184		-	hearing; and 28
	170	+	(i) the consistency of the application with the comprehensive plan 14
	171	+	and zoning of each county or municipal corporation where any portion of the generating 15
	172	+	station is proposed to be located; 16
185	173
186		-	2. be at least 17 by 22 inches in size. 29
	174	+	(ii) the efforts to resolve any issues presented by a county or 17
	175	+	municipal corporation where any portion of the generating station is proposed to be located; 18
187	176
188		-	(iii) If the public hearing is conducted virtually rather than in person, 30
189		-	the Commission shall provide information on the hearing prominently on the Commission’s 31
190		-	website. 32
	177	+	(iii) the impact of the generating station on the quantity of annual 19
	178	+	and long–term statewide greenhouse gas emissions, measured in the manner specified in § 20
	179	+	2–1202 of the Environment Article and based on the best available scientific information 21
	180	+	recognized by the Intergovernmental Panel on Climate Change; and 22
191	181
192		-	(5) (i) The Commission shall ensure presentation and 33
193		-	recommendations from each interested State unit, and shall allow representatives of each 34
194		-	State unit to sit during hearing of all parties. 35 SENATE BILL 931 5
	182	+	(iv) the consistency of the application with the State’s climate 23
	183	+	commitments for reducing statewide greenhouse gas emissions, including those specified 24
	184	+	in Title 2, Subtitle 12 of the Environment Article; AND 25
	185	+
	186	+	(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 26
	187	+	7–218 OF THIS SUBTITLE, WHETHER THE OWNER OF A PROPOSED SOLAR ENE RGY 27
	188	+	GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 28
	189	+	7–218(F) OF THIS SUBTITLE . 29
	190	+
	191	+	7–218. 30
	192	+	SENATE BILL 931 5
	193	+
	194	+
	195	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
	196	+	INDICATED. 2
	197	+
	198	+	(2) “BROWNFIELDS SIT E” HAS THE MEANING STAT ED IN § 7–207 OF 3
	199	+	THIS SUBTITLE. 4
	200	+
	201	+	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 5
	202	+	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 6
	203	+
	204	+	(4) “PRIORITY PRESERVATION AREA” MEANS AN AREA CERTIF IED AS 7
	205	+	A PRIORITY PRESERVAT ION AREA UNDER § 2–518 OF THE AGRICULTURE ARTICLE. 8
	206	+
	207	+	(5) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 9
	208	+	CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 10
	209	+	AND RELATED ACTIVITI ES FOR A PROJEC T MAY OCCUR. 11
	210	+
	211	+	(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 12
	212	+	PARCELS OR PROPERTIE S UNDER THE SAME OWN ERSHIP OR LEASE AGRE EMENT. 13
	213	+
	214	+	(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 14
	215	+	STATION THAT: 15
	216	+
	217	+	(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 16
	218	+	MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 17
	219	+	OF THE SYSTEM’S STATION’S INVERTER; 18
	220	+
	221	+	(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 19
	222	+	WHOLESALE MARKET ; OR 20
	223	+
	224	+	(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 21
	225	+	UNDER § 7–306.2 OF THIS TITLE; OR 22
	226	+
	227	+	(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 23
	228	+	OF THIS TITLE; AND 24
	229	+
	230	+	(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 25
	231	+	SITE OR BEHIND THE M ETER OF A RETAIL ELECTRIC CUSTOMER . 26
	232	+
	233	+	(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 27
	234	+	GENERATING STATION U NLESS: 28
	235	+
	236	+	(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 29
	237	+	IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 30
	238	+	THE CAPACITY TO PRO DUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 31 6 SENATE BILL 931
	239	+
	240	+
	241	+	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 1
	242	+	THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 2
	243	+	ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 3
	244	+
	245	+	(2) (I) FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS THE 4
	246	+	CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 5
	247	+	BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 6
	248	+
	249	+	(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 7
	250	+	HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 8
	251	+
	252	+	(II) THE CONSTRUCTION HAS BEEN APPROVED BY THE 9
	253	+	COMMISSION IN ACCORDA NCE WITH § 7–207.1 OF THIS SUBTITLE; AND 10
	254	+
	255	+	(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 11
	256	+	PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 12
	257	+
	258	+	(D) ON RECEIPT OF AN APPL ICATION FOR APPROVAL UNDER THIS SECTION , 13
	259	+	THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 14
	260	+	APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 15
	261	+
	262	+	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
	263	+	CORPORATION IN WHICH ANY PORTION OF THE S OLAR ENERGY GENERATI NG 17
	264	+	STATION IS PROPOSED TO BE CONSTRUCTED ; 18
	265	+
	266	+	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 19
	267	+	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCAT ION OF THE SOLAR ENE RGY 20
	268	+	GENERATING STATION ; 21
	269	+
	270	+	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
	271	+	PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 23
	272	+	STATION IS PROPOSED TO BE CONSTRUCTED ; 24
	273	+
	274	+	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 25
	275	+	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 26
	276	+	ENERGY GENERATING ST ATION; AND 27
	277	+
	278	+	(5) THE RESIDENTS AND PR OPERTY OWNERS WITHIN 1 MILE OF THE 28
	279	+	PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 29
	280	+
	281	+	(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 30
	282	+	THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACC ORDANCE 31
	283	+	WITH § 7–207 OR § 7–207.1 OF THIS SUBTITLE SHA LL INCLUDE WITH THE 32
	284	+	APPLICATION WRITTEN DOCUMENTATION OR OTH ER EVIDENCE SHOWING THAT THE 33 SENATE BILL 931 7
	285	+
	286	+
	287	+	PROPOSED CONSTRUCTIO N MEETS THE REQUIREM ENTS UNDER SUBSECTIO NS (F) 1
	288	+	AND (G) OF THIS SECTION. 2
	289	+
	290	+	(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 3
	291	+	CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 4
	292	+	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 5
	293	+	A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JURI SDICTION 6
	294	+	SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER E VIDENCE 7
	295	+	SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 8
	296	+	SUBSECTIONS (F) AND (G) OF THIS SECTION. 9
	297	+
	298	+	(E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 10
	299	+	VERIFYING WHETHER TH E DOCUMENTATION PROV IDED UNDER SUBSECTIO N (D) OF 11
	300	+	THIS SECTION MEETS T HE REQUIREMENTS UNDE R SUBSECTIONS (F) AND (G) OF 12
	301	+	THIS SECTION, THE COMMISSION OR LOCAL JURISDICTION SHALL: 13
	302	+
	303	+	(1) COMPLY WITH AND REQU IRE THE OWNER OF THE PROPOSED 14
	304	+	SOLAR ENERGY GENERAT ING STATION TO COMPL Y WITH § 7–207(D) OF THIS 15
	305	+	SUBTITLE; AND 16
	306	+
	307	+	(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY GENERATING 17
	308	+	STATION IS IN AN ARE A CONSIDERED T O BE OVERBURDENED AN D UNDERSERVED , 18
	309	+	AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE THE PERSON 19
	310	+	CONSTRUCTING THE SOL AR ENERGY GENERATING STATION TO HOLD AT L EAST TWO 20
	311	+	PUBLIC MEETINGS IN T HE COMMUNITY WHERE T HE SOLAR ENERGY GENE RATING 21
	312	+	STATION IS TO B E LOCATED TO COLLECT COMMUNITY FEEDBACK AND PROVIDE 22
	313	+	OPPORTUNITIES TO ADD RESS COMMUNITY FEEDB ACK. 23
	314	+
	315	+	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 24
	316	+	MEETINGS REQUIRED UN DER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD: 25
	317	+
	318	+	1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 26
	319	+	ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 27
	320	+
	321	+	2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 28
	322	+	THE SOLAR ENERGY GEN ERATING STATION . 29
	323	+
	324	+	(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 30
	325	+	GENERATING STATION C ANNOT FIND A MEETING LOCATI ON THAT MEETS THE 31
	326	+	REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 32
	327	+	SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 33
	328	+	LOCATION OF THE PROP OSED SOLAR ENERGY GE NERATING STATION . 34
	329	+	8 SENATE BILL 931
	330	+
	331	+
	332	+	(F) (1) AN EXCEPT AS P ROVIDED IN PARAGRAPH (9) OF THIS 1
	333	+	SUBSECTION, AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 2
	334	+
	335	+	(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 3
	336	+	SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 4
	337	+	DWELLINGS NOT AFFILI ATED WITH THE SO LAR ENERGY GENERATIN G STATION THE 5
	338	+	NEAREST WALL OF A RE SIDENTIAL DWELLING ; 6
	339	+
	340	+	(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 7
	341	+	THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 8
	342	+	AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 9
	343	+	NOT INCLUDING PROPER TY LINES THAT BISECT THE INTERIOR OF A PR OJECT AREA; 10
	344	+
	345	+	(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 11
	346	+
	347	+	A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 12
	348	+	ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJACENT TO 13
	349	+	A SOLAR ENERGY GENER ATING STATION; AND 14
	350	+
	351	+	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 15
	352	+
	353	+	C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 16
	354	+	THE OWNER PROPOSES T O USE CHAIN LINK FEN CING; AND 17
	355	+
	356	+	D. THAT IS NOT LESS THA N 50 FEET AWAY FROM THE 18
	357	+	EDGE OF ANY PUBLIC R OAD RIGHT–OF–WAY; AND 19
	358	+
	359	+	2. MAY USE BARBED WIRE FENCING AROUND THE 20
	360	+	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 21
	361	+	INFRASTRUCTURE ; AND 22
	362	+
	363	+	(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 23
	364	+	VEGETATIVE SCREENING IF REQUIRED BY THE LOCA L JURISDICTION . IN 24
	365	+	ACCORDANCE WITH PARA GRAPH (3) OF THIS SUBSECTION ; 25
	366	+
	367	+	(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 26
	368	+	INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 27
	369	+	ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDI NGS OR 28
	370	+	FACILITIES WITHIN A PUBLIC ROAD RIGHT –OF–WAY; 29
	371	+
	372	+	(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 30
	373	+	ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 31
	374	+	PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 32
	375	+	DESIGNATED H ERITAGE AREA , OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 33 SENATE BILL 931 9
	376	+
	377	+
	378	+	ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 1
	379	+	COUNTY REGISTER OF H ISTORIC PLACES; AND 2
	380	+
	381	+	2. SHALL INCLUDE IN AN APPLICATION FOR A SI TE 3
	382	+	DEVELOPMENT PLAN A V IEWSHED ANALYSIS FOR ANY AREA, STRUCTURE, OR SITE 4
	383	+	SPECIFIED IN ITEM 1 OF THIS ITEM; AND 5
	384	+
	385	+	(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 6
	386	+	ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 7
	387	+	COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 8
	388	+	CONSTRUCTED, INCLUDING A MAP OF T HE PROPOSED GENERATI NG STATION AND 9
	389	+	THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 10
	390	+
	391	+	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 11
	392	+	FOR A SOLAR ENERGY G ENERATING STATION AP PROVED UNDER THIS SECTION. 12
	393	+
	394	+	(3) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 13
	395	+	PARAGRAPH (1)(IV) OF THIS SUBSECTION S HALL: 14
	396	+
	397	+	(I) BE NOT MORE THAN 25 FEET IN DEPTH; 15
	398	+
	399	+	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 16
	400	+	SOLAR ENERGY GENERAT ING SYSTEM; 17
	401	+
	402	+	(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 18
	403	+	OVERSTORY AND UNDERS TORY TREES; AND 19
	404	+
	405	+	(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 20
	406	+	LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET BE NOT MORE 21
	407	+	THAN 35 FEET WIDE; 22
	408	+
	409	+	(II) BE PROVIDED ALONG : 23
	410	+
	411	+	1. ALL PROPERTY LINES ; 24
	412	+
	413	+	2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 25
	414	+	SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 26
	415	+	50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 27
	416	+
	417	+	3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 28
	418	+	FOR THE SOLAR ENERGY GENERATING STATION I F THE OWNER DEMONSTR ATES 29
	419	+	THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 30
	420	+	10 SENATE BILL 931
	421	+
	422	+
	423	+	(III) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 1
	424	+	SOLAR ENERGY GENERAT ING STATION; 2
	425	+
	426	+	(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 3
	427	+
	428	+	(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 4
	429	+	OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 5
	430	+
	431	+	1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 6
	432	+	VEGETATION; 7
	433	+
	434	+	2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 8
	435	+
	436	+	3. ARE MORE THAN 4 FEET IN HEIGHT AT PL ANTING; 9
	437	+
	438	+	4. ARE DESIGNED TO PROV IDE SCREENING OR 10
	439	+	BUFFERING WITHIN 5 YEARS OF PLANTING ; 11
	440	+
	441	+	5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 12
	442	+	OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 13
	443	+	SCREEN; 14
	444	+
	445	+	6. CONFORM TO THE PLANT SIZE SPECIFICATIONS 15
	446	+	ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1); 16
	447	+	AND 17
	448	+
	449	+	7. ARE SPECIFIED IN A L ANDSCAPING PLAN PREP ARED 18
	450	+	BY A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 19
	451	+
	452	+	(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTION PROC ESS 20
	453	+	AS PRACTICABLE AND B EFORE THE ACTIVATION OF THE PROPOSED SOLA R ENERGY 21
	454	+	GENERATING STATION ; 22
	455	+
	456	+	(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 23
	457	+	SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 24
	458	+	HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCREENING OR 25
	459	+	LANDSCAPE BUFFERING IS REQUIRED; AND 26
	460	+
	461	+	(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 27
	462	+	FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING SYSTEM THROUGH A 28
	463	+	MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 29
	464	+	SENATE BILL 931 11
	465	+
	466	+
	467	+	(4) WITH RESPECT TO THE S ITE ON WHICH A SOLAR ENERGY 1
	468	+	GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 2
	469	+	SOLAR ENERGY GENERAT ING STATION: 3
	470	+
	471	+	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 4
	472	+	POSSIBLE; 5
	473	+
	474	+	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL, BUT MAY 6
	475	+	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; 7
	476	+
	477	+	(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 8
	478	+	NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 9
	479	+	PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 10
	480	+	THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 11
	481	+
	482	+	(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 12
	483	+	LANDSCAPING ; 13
	484	+
	485	+	(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 14
	486	+	AND NOXIOUS SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF 15
	487	+	AGRICULTURE ’S WEED CONTROL PROGRAM ; AND 16
	488	+
	489	+	(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 17
	490	+	SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 18
	491	+	OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 19
	492	+	GENERATING STATION I S LOCATED. 20
	493	+
	494	+	(5) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 21
	495	+	PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 22
	496	+	REQUIRED UNDER PARAG RAPH (4)(VI) OF THIS SUBSECTION F OR 5 YEARS. 23
	497	+
	498	+	(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 24
	499	+	LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 25
	500	+	90% SURVIVAL THRESHOLD . 26
	501	+
	502	+	(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 27
	503	+	UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 28
	504	+	BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 29
	505	+	AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 30
	506	+	90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 31
	507	+
	508	+	(6) AN OWNER OF A SOLAR E NERGY GENERATING STA TION SHALL 32
	509	+	COMPLY WITH ALL STATE LAWS RELATING T O: 33
	510	+	12 SENATE BILL 931
	511	+
	512	+
	513	+	(I) STORMWATER MANAGE MENT; 1
	514	+
	515	+	(II) EROSION AND SEDIMENT CONTROL; 2
	516	+
	517	+	(III) SITE STABILIZATION ; 3
	518	+
	519	+	(IV) IMPACTS ON SOIL DENS ITY AND COMPACTION ; AND 4
	520	+
	521	+	(V) IMPACTS ON GROUND CO VER UNDER THE PANELS . 5
	522	+
	523	+	(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 6
	524	+	THE SOLAR ENERGY GENERATING STATION M AY NOT EMIT VISIBLE LIGHT DURING 7
	525	+	DUSK TO DAWN OPERATI ONS. 8
	526	+
	527	+	(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 9
	528	+
	529	+	1. EQUIPMENT NECESSARY FOR INTERCONNECTION 10
	530	+	WITH THE ELECTRIC SY STEM; OR 11
	531	+
	532	+	2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 12
	533	+	LAND THAT ARE ALSO USED FOR AGRICULTURAL PUR POSES. 13
	534	+
	535	+	(II) A PROPOSED SOLAR ENERG Y GENERATING STATION AND 14
	536	+	ANY ACCESSORY STRUCT URES ASSOCIATED WITH THE STATION MUST HAV E AN 15
	537	+	AVERAGE HEIGHT OF NO T MORE THAN 15 FEET. 16
	538	+
	539	+	(9) SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS: 17
	540	+
	541	+	(I) SHALL BE MEASURED FR OM THE PROPERTY BOUN DARY TO 18
	542	+	THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 19
	543	+	FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 20
	544	+	TRANSMIT ELECTRICITY ; AND 21
	545	+
	546	+	(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 22
	547	+	FACILITY THAT CONNEC TS A SOLAR ENERGY GE NERATING STATION TO THE 23
	548	+	ELECTRIC SYSTEM . 24
	549	+
	550	+	(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 25
	551	+	STATION MAY PROVIDE TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 26
	552	+	DOCUMENTATION OF A S ITING AGREEMENT : 27
	553	+
	554	+	1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 28
	555	+	PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 29
	556	+	SENATE BILL 931 13
	557	+
	558	+
	559	+	2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 1
	560	+	THAN THOSE SPECIFIED UNDER THIS SUBSEC TION. 2
	561	+
	562	+	(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 3
	563	+	PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 4
	564	+	DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 5
	565	+	THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CONSID ERED AS 6
	566	+	MEETING THE REQUIREME NTS OF THIS SUBSECTI ON. 7
	567	+
	568	+	(G) AN OWNER OF A SOLAR E NERGY GENERATING STA TION: 8
	569	+
	570	+	(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 9
	571	+	COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 10
	572	+
	573	+	(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 11
	574	+	MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSION ING 12
	575	+	THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 13
	576	+	LESS ANY SALVAGE VAL UE; AND 14
	577	+
	578	+	(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 15
	579	+	YEARS. 16
	580	+
	581	+	(H) (1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 17
	582	+	SUBSECTION, A LOCAL JURISDICTION M AY NOT: 18
	583	+
	584	+	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 19
	585	+	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 20
	586	+	GENERATING STATIONS ; OR 21
	587	+
	588	+	(II) DENY SITE DEVELOPMENT PLANS FO R SOLAR ENERGY 22
	589	+	GENERATING STATIONS THAT MEET THE REQUIR EMENTS OF SUBSECTION (F) OF 23
	590	+	THIS SECTION. 24
	591	+
	592	+	(2) A LOCAL JURISDICTION S HALL: 25
	593	+
	594	+	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 26
	595	+	DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF THOSE PLANS 27
	596	+	MEET THE REQUIREMENT S OF THIS SECTION; AND 28
	597	+
	598	+	(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 29
	599	+	GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 30
	600	+	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 31
	601	+	INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 32
	602	+	USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 33 14 SENATE BILL 931
195	603
196	604
197	605
198		-	(ii) The Commission shall allow each State unit 15 days after the 1
199		-	conclusion of the hearing to modify the State unit’s initial recommendations. 2
	606	+	(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 1
	607	+	A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 2
	608	+	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 3
	609	+	INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 4
	610	+	AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 5
200	611
201		-	(e) ~~The Commission shall take final action on an application for~~ a ~~certificate of 3~~
202		-	~~public convenience and necessity only after due consideration~~ of~~: 4~~
	612	+	(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 6
	613	+	GROWTH AREA ADOPTED UNDER § 1–506 OF THE LAND USE ARTICLE; 7
203	614
204		-	(1) ~~the recommendation of the governing body of each county~~ or ~~municipal 5~~
205		-	~~corporation~~ in ~~which any portion~~ of the ~~construction of the generating station, overhead 6~~
206		-	~~transmission line,~~ or ~~qualified generator lead line is proposed to be located; 7~~
	615	+	(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 8
	616	+	RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 9
	617	+	ARTICLE; OR 10
207	618
208		-	(2) the effect of the generating station, overhead transmission line, or 8
209		-	qualified generator lead line on: 9
	619	+	(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 11
210	620
211		-	(i) the stability and reliability of the electric system; 10
	621	+	(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 12
	622	+	GENERATING STATIONS THAT MAY BE APPROVED FOR CONSTRUCTION IN A 13
	623	+	PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 14
	624	+	SHALL: 15
212	625
213		-	(ii) economics; 11
	626	+	1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 16
	627	+	OF THE PRIORITY PRESERVATION AREA ; 17
214	628
215		-	(iii) esthetics; 12
	629	+	2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 18
	630	+	PRIORITY PRESERVATIO N AREA; AND 19
216	631
217		-	~~(iv) historic sites;~~ 13
	632	+	3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 20
218	633
219		-	(v) aviation safety as determined by the Maryland Aviation 14
220		-	Administration and the administrator of the Federal Aviation Administration; 15
	634	+	(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 21
	635	+	SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESERVATION 22
	636	+	AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 23
	637	+	HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 24
221	638
222		-	(vi) when applicable, air quality and water pollution; and 16
	639	+	(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 25
	640	+	5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HAS BEEN 26
	641	+	ACHIEVED FOR A PRIOR ITY PRESERVATION ARE A. 27
223	642
224		-	(vii) the availability of means for the required timely disposal of 17
225		-	wastes produced by any generating station; 18
	643	+	(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 28
	644	+	SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 29
	645	+	PROPERTY TAXES . 30
226	646
227		-	(3) the effect of climate change on the generating station, overhead 19
228		-	transmission line, or qualified generator lead line based on the best available scientific 20
229		-	information recognized by the Intergovernmental Panel on Climate Change; [and] 21
	647	+	(2) A SOLAR ENERGY GENERAT ING STATION MAY BE REQUIRED BY A 31
	648	+	LOCAL JURISDICTION T O MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 32 SENATE BILL 931 15
230	649
231		-	(4) for a generating station: 22
232	650
233		-	(i) the consistency of the application with the comprehensive plan 23
234		-	and zoning of each county or municipal corporation where any portion of the generating 24
235		-	station is proposed to be located; 25
	651	+	MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 1
	652	+	STATION THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS, AS DEFINED IN § 2
	653	+	7–306.2 OF THIS TITLE , THAT ARE LOCATED ON LAND ASSE SSED FOR 3
	654	+	AGRICULTURAL USE , OTHER THAN USE AS AN APIARY OR A POLLINAT OR HABITAT, 4
	655	+	UNDER § 8–209 OF THE TAX – PROPERTY ARTICLE. 5
236	656
237		-	(ii) the efforts to resolve any issues presented by a county or 26
238		-	municipal corporation where any portion of the generating station is proposed to be located; 27
	657	+	(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 6
	658	+	ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 7
	659	+	APPROVAL PROCESS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLI C 8
	660	+	CONVENIENCE AND NECE SSITY. 9
239	661
240		-	(iii) the impact of the generating station on the quantity of annual 28
241		-	and long–term statewide greenhouse gas emissions, measured in the manner specified in § 29
242		-	2–1202 of the Environment Article and based on the best available scientific information 30
243		-	recognized by the Intergovernmental Panel on Climate Change; and 31 6 SENATE BILL 931
	662	+	7–219. 10
	663	+
	664	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
	665	+	INDICATED. 12
	666	+
	667	+	(2) “ENERGY STORAGE DEVICE ” HAS THE MEANING STAT ED IN § 13
	668	+	7–216 OF THIS SUBTITLE. 14
	669	+
	670	+	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 15
	671	+	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 16
	672	+
	673	+	(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 17
	674	+	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 18
	675	+	HAS BEEN APPROVED BY THE COMMISSION IN ACCORDA NCE WITH REGULATIONS 19
	676	+	ADOPTED UNDER THIS SECTION. 20
	677	+
	678	+	(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 21
	679	+	CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 22
	680	+	STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL P ROVIDE 23
	681	+	IMMEDIATE NOTICE OR REQUIRE THE APPLICAN T TO PROVIDE IMMEDIA TE NOTICE 24
	682	+	OF THE APPLICATION T O: 25
	683	+
	684	+	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 26
	685	+	CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 27
	686	+	PROPOSED TO BE CONST RUCTED; 28
	687	+
	688	+	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 29
	689	+	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 30
	690	+	STORAGE DEVICE ; 31
	691	+
	692	+	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 32
	693	+	PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 33
	694	+	PROPOSED TO BE CONST RUCTED; 34 16 SENATE BILL 931
244	695
245	696
246	697
247		-	(iv) ~~the consistency~~ of the ~~application with the State’s climate~~ 1
248		-	~~commitments for reducing statewide greenhouse gas emissions,~~ ~~including those specified~~ 2
249		-	~~in Title 2, Subtitle 12 of the Environment Article~~; AND 3
	698	+	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 1
	699	+	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 2
	700	+	STORAGE DEVICE ; AND 3
250	701
251		-	(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 4
252		-	7–218 OF THIS SUBTITLE , WHETHER THE OWNER OF A PROPOSED SOLAR ENE RGY 5
253		-	GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 6
254		-	7–218(F) OF THIS SUBTITLE . 7
	702	+	(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 4
	703	+	COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 5
	704	+	ENERGY STORAGE DEVIC E. 6
255	705
256		-	(h) (1) A county or municipal corporation has the authority to approve or deny 8
257		-	any local permit required under a certificate of public convenience and necessity issued 9
258		-	under this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC 10
259		-	CONVENIENCE AND NECE SSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE . 11
	706	+	(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 7
	707	+	SECTION, THE COMMISSION SHALL : 8
260	708
261		-	(2) A county or municipal corporation shall approve or deny any local 12
262		-	permits required under a certificate of public convenience and necessity issued under this 13
263		-	section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENCE AN D 14
264		-	NECESSITY ISSUED UND ER § 7–207.4 OF THIS SUBTITLE : 15
	709	+	(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 9
	710	+	COMPLY WITH AND REQU IRE THE APPLICANT TO COMPLY W ITH § 7–207(D) OF THIS 10
	711	+	SUBTITLE; 11
265	712
266		-	(i) within a reasonable time; and 16
	713	+	(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 12
	714	+	ENERGY STORAGE DEVIC E IS IN AN AREA CONS IDERED TO BE OVERBUR DENED AND 13
	715	+	UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 14
	716	+	THE APPLICANT TO HOLD AT LEAST TWO PUBLIC MEE TINGS IN THE COMMUNI TY 15
	717	+	WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 16
267	718
268		-	(ii) to the extent local laws are not preempted by State law, in 17
269		-	accordance with local laws. 18
	719	+	(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 17
	720	+	DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRICITY 18
	721	+	GENERATING STATION FROM THE MEETING REQUIREMENTS OF THIS SUBSECTION . 19
270	722
271		-	(3) A county or municipal corporation may not condition the approval of a 19
272		-	local permit required under a certificate of public convenience and necessity issued under 20
273		-	this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENC E 21
274		-	AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE on receipt of any of the 22
275		-	following approvals for any aspect of a generating station, an overhead transmission line, 23
276		-	or a qualified lead line proposed to be constructed under the certificate: 24
	723	+	(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 20
	724	+	STORAGE DEVICE THAT WILL NOT BE CON STRUCTED AT A COMMERCIAL OR 21
	725	+	INDUSTRIAL LOCATION : 22
277	726
278		-	(i) ~~a conditional use approval;~~ 25
	727	+	(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 23
279	728
280		-	~~(ii)~~ a ~~special exception approval~~; ~~or 26~~
	729	+	A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 24
281	730
282		-	~~(iii) a floating zone approval~~. 27
	731	+	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 25
283	732
284		-	7–207.1. 28
	733	+	2. MAY USE BARBED WIRE FENCING AROUND THE 26
	734	+	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 27
	735	+	INFRASTRUCTURE ; AND 28
285	736
286		-	(c) (1) The Commission shall require a person that is exempted from the 29
287		-	requirement to obtain a certificate of public convenience and necessity UNDER § 30
288		-	7–207(B)(1)(II)1 OF THIS SUBTITLE to obtain approval from the Commission under this 31
289		-	section before the person may construct a generating station described in subsection (b) of 32
290		-	this section. 33
291		-	SENATE BILL 931 7
	737	+	(II) SHALL PROVIDE FOR A LANDSCAPING BU FFER OR 29
	738	+	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 30
	739	+	SENATE BILL 931 17
292	740
293	741
294		-	7–207.4. 1
	742	+	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 1
	743	+	FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 2
	744	+	THIS SECTION. 3
295	745
296		-	(A) (1) IN THIS ~~SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2~~
297		-	~~INDICATED. 3~~
	746	+	(3) THE BUFFER REQUIRED IN PARAGRAPH (1)(II) OF THIS 4
	747	+	SUBSECTION SHALL : 5
298	748
299		-	(2) “DISTRIBUTED GENERATIO N CERTIFICATE OF PUB LIC 4
300		-	CONVENIENCE AND NECE SSITY” OR “DGCPCN” MEANS A CERTIFICATE ISSUED BY 5
301		-	THE COMMISSION UNDER THIS SECTION THAT AUTHORI ZES THE CONSTRUCTION 6
302		-	AND OPERATION OF A D ISTRIBUTED SOLAR ENE RGY GENERATING SYSTEM . 7
	749	+	(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 6
303	750
304		-	(3) “DISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M” MEANS A 8
305		-	COMMUNITY SOLAR ENER GY GENERATING SYSTEM , AS DEFINED IN § 7–306.2 OF THIS 9
306		-	TITLE, THAT: 10
	751	+	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 7
	752	+	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 8
307	753
308		-	(I) ~~WOULD BE REQUIRED~~ TO ~~OBTAIN~~ A ~~CERTIFICATE OF PUBLIC 11~~
309		-	~~CONVENIENCE AND NECE SSITY UNDER § 7–207 OF THIS SUBTITLE IF THE SYSTEM 12~~
310		-	~~DOES NOT OBTAIN A DGCPCN UNDER THIS SECTION ; 13~~
	754	+	(4) WITH RESPECT TO THE S ITE ON WHICH AN A 9
	755	+	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 10
	756	+	CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 11
311	757
312		-	(II) HAS A CAPACITY TO PR ODUCE MORE THAN 2 MEGAWATTS 14
313		-	BUT NOT MORE THAN 5 MEGAWATTS OF ALTERNA TING CURRENT AS MEAS URED BY 15
314		-	THE ALTERNATING CURR ENT RATING OF THE SY STEM’S INVERTER; AND 16
	758	+	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 12
	759	+	POSSIBLE; 13
315	760
316		-	(III) IS NOT LOCATED WITHI N A MUNICIPAL CORPOR ATION. 17
	761	+	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 14
	762	+	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; AND 15
317	763
318		-	(4) “FOREST” HAS THE MEANING STAT ED IN § 5–1601 OF THE 18
319		-	NATURAL RESOURCES ARTICLE. 19
	764	+	(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 16
	765	+	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 17
	766	+	CONTROL PROGRAM . 18
320	767
321		-	(5) “POWER PLANT RESEARCH PROGRAM” MEANS THE PROGRAM 20
322		-	WITHIN THE DEPARTMENT OF NATURAL RESOURCES UN DER TITLE 3, SUBTITLE 3 21
323		-	OF THE NATURAL RESOURCES ARTICLE. 22
	768	+	(F) (1) A LOCAL JURISDICTION M AY NOT: 19
324	769
325		-	(6) “STANDARD LICENSING CO NDITIONS” MEANS THE 23
326		-	PREDETERMINED LICENS ING CONDITIONS ADOPT ED BY THE COMMISSION UNDER 24
327		-	THIS SECTION FOR THE CONSTRUCTION AND OPE RATION OF A DISTRIBU TED SOLAR 25
328		-	ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 26
329		-	SECTION. 27
	770	+	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULATIONS 20
	771	+	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 21
	772	+	ENERGY STORAGE DEVIC ES; OR 22
330	773
331		-	(7) “STANDARD SITING AND D ESIGN REQUIREMENTS ” MEANS THE 28
332		-	PREDETERMINED OBJECT IVE REQUIREMENTS ADO PTED BY THE COMMISSION 29
333		-	UNDER THIS SECTION F OR THE SITING AND DE SIGN OF A DISTRIBUTE D SOLAR 30
334		-	ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 31
335		-	SECTION. 32
336		-	8 SENATE BILL 931
	774	+	(II) DENY SITE DEVELOPMEN T PLANS FOR 23
	775	+	FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET THE 24
	776	+	REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION. 25
	777	+
	778	+	(2) A LOCAL JURISDICTION S HALL: 26
	779	+
	780	+	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 27
	781	+	DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 28
	782	+	THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 29
	783	+	18 SENATE BILL 931
337	784
338	785
339		-	(B) (1) ON OR BEFORE JULY 1, 2026, THE POWER PLANT RESEARCH 1
340		-	PROGRAM, AFTER GIVING NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT , SHALL 2
341		-	DEVELOP AND SUBMIT T O THE COMMISSION PROPOSED S TANDARD SITING AND 3
342		-	DESIGN REQUIREMENTS AND PROPOSED STANDAR D LICENSING CONDITIO NS FOR 4
343		-	THE ISSUANCE OF A DGCPCN. 5
	786	+	(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 1
	787	+	APPROVAL OF SITE DEV ELOPMENT PLANS FOR T HE CONSTRUCTION OF 2
	788	+	FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES. 3
344	789
345		-	(2) IN DEVELOPING THE PRO POSED STANDARD SITIN G AND DESIGN 6
346		-	REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS , THE 7
347		-	POWER PLANT RESEARCH PROGRAM SHALL : 8
	790	+	(G) THE COMMISSION MAY WAIVE OR MODIFY THE REQUIR EMENTS UNDER 4
	791	+	SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 5
348	792
349		-	(I) ~~CONSIDER ACHIEVEMENT OF~~ THE ~~STATE’S CLIMATE AND 9~~
350		-	~~RENEWABLE ENERGY COMMITMENTS ; 10~~
	793	+	(H) THE COMMISSION SHALL ADOPT REGULATIONS TO CARRY OUT THIS 6
	794	+	SECTION. 7
351	795
352		-	(II) CONSIDER REASONABLE SETBACKS AND LANDSCA PE 11
353		-	SCREENING REQUIREMEN TS; 12
	796	+	7–306.2. 8
354	797
355		-	(III) CONSIDER ENVIRONMENT AL PRESERVATION , INCLUDING 13
356		-	PROHIBITIONS ON FORE ST CLEARANCE EXCEPT WHERE NECESSARY TO : 14
	798	+	(a) (1) In this section the following words have the meanings indicated. 9
357	799
358		-	1. REDUCE SOLAR PANEL S HADING NEAR THE 15
359		-	PERIMETER OF THE PROJECT S ITE; 16
	800	+	(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 10
360	801
361		-	2. FACILITATE INTERCONN ECTION INFRASTRUCTUR E; 17
362		-	AND 18
	802	+	1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 11
	803	+	ACCORDANCE WITH COMAR 18.02.03 AND THE MARYLAND ASSESSMENT 12
	804	+	PROCEDURES MANUAL; AND 13
363	805
364		-	3. ~~ENSURE ADEQUATE SITE ACCESS;~~ 19
	806	+	2. for both solar power generation and: 14
365	807
366		-	(IV) ~~CONSIDER STORMWATER MANAGEMENT~~ , ~~EROSION AND 20~~
367		-	~~SEDIMENT CONTROL~~ , ~~AND SITE STABILIZATI ON~~, ~~ACCOUNTING FOR : 21~~
	808	+	(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 15
	809	+	seeds, tobacco, or vegetables; 16
368	810
369		-	1. ~~THE EFFECTS ON RUNOFF FROM SOLAR PA NELS~~ AND 22
370		-	~~ASSOCIATED EQUIPMENT~~ ; 23
	811	+	(ii) B. raising poultry, including chickens and turkeys, for meat 17
	812	+	or egg production; 18
371	813
372		-	2. THE EFFECTS OF SOIL CHARACTERISTICS AND 24
373		-	COMPACTION ON RUNOFF ; AND 25
	814	+	(iii) C. dairy production, such as the raising of milking cows; 19
374	815
375		-	3. THE EFFECTS OF THE G ROUND COVER UNDER AN D 26
376		-	BETWEEN THE SOLAR PA NELS ON RUNOFF ; 27
	816	+	(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 20
377	817
378		-	(V) CONSIDER MINIMIZATIO N AND MITIGATION OF THE EFFECTS 28
379		-	OF A DISTRIBUTED SOL AR ENERGY GENERATING SYSTEM ON HISTORIC S ITES; 29
	818	+	(v) E. horse boarding, breeding, or training; 21
380	819
381		-	(VI) CONSIDER PUBLIC SAFE TY; 30
382		-	SENATE BILL 931 9
	820	+	(vi) F. turf farming; 22
	821	+
	822	+	(vii) G. raising ornamental shrubs, plants, or flowers, including 23
	823	+	aquatic plants; 24
	824	+
	825	+	(viii) H. aquaculture; 25
	826	+
	827	+	(ix) I. silviculture; or 26
	828	+
	829	+	(x) J. any other activity UNDER COMAR 18.02.03 OR THE 27
	830	+	MARYLAND ASSESSMENT PROCEDURES MANUAL THAT IS recognized by the 28 SENATE BILL 931 19
383	831
384	832
385		-	(VII) CONSIDER INDUSTRY BE ST PRACTICES; 1
	833	+	Department of Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE 1
	834	+	MARYLAND ASSESSMENT PROCEDURES MANUAL. 2
386	835
387		-	(VIII) CONSIDER ENSURING TH E STABILITY AND RELI ABILITY OF 2
388		-	THE ELECTRIC SYSTEM BY REQUIRING THE APPLICANT TO SUB MIT A SIGNED 3
389		-	INTERCONNECTION AGRE EMENT WITH THE ELECT RIC COMPANY BEFORE T HE START 4
390		-	OF CONSTRUCTION ; 5
	836	+	(II) “AGRIVOLTAICS” DOES NOT INCLUDE THE SIMULTANEOUS 3
	837	+	USE OF AREAS OF LAND FOR BOTH SOLAR POWER GENERATION AND : 4
391	838
392		-	(IX) CONSIDER LICENSING C ONDITIONS PREVIOUSLY ADOPTED 6
393		-	BY THE COMMISSION FOR SOLAR ENERGY GENERATING SY STEMS, INCLUDING 7
394		-	REQUIREMENTS R ELATED TO DECOMMISSI ONING; 8
	839	+	1. APIARIES; OR 5
395	840
396		-	(X) ENSURE THE STANDARD SITING AND DESIGN 9
397		-	REQUIREMENTS ARE CON SISTENT WITH § 7–218 OF THIS SUBTITLE; AND 10
	841	+	2. POLLINATOR HABITAT . 6
398	842
399		-	(XI) ~~CONSIDER ANY OTHER R EQUIREMENTS DETERMIN ED 11~~
400		-	~~NECESSARY BY THE POWER PLANT RESEARCH PROGRAM. 12~~
	843	+	(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 7
	844	+	SOLAR ENERGY GENERAT ING SYSTEM: 8
401	845
402		-	(C) ~~(1) SUBJECT TO PARAGRAPH (2)~~ OF ~~THIS SUBSECTION , ON OR BEFORE 13~~
403		-	~~JULY 1,~~ ~~2027, THE COMMISSION SHALL ADOP T REGULATIONS TO : 14~~
	846	+	(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRI BERS ARE 9
	847	+	AUTOMATICALLY ENROLL ED; AND 10
404	848
405		-	(I) ~~IMPLEMENT STANDARD S~~ ~~ITING~~ AND ~~DESIGN 15~~
406		-	~~REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN~~; 16
	849	+	(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 11
	850	+	GOVERNMENT ; OR 12
407	851
408		-	(II) SPECIFY THE FORM OF THE APPLICATION FOR A 17
409		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM TO RECEIVE A DGCPCN AND 18
410		-	ANY APPLICATION FEE ; 19
	852	+	2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 13
	853	+	SERVES AS THE SUBSCR IPTION COORDINATOR . 14
411	854
412		-	(III) SPECIFY THE COMMISSION’S PROCEDURE FOR PROC ESSING 20
413		-	AN APPLICATION FOR A DGCPCN; AND 21
	855	+	(4) “Baseline annual usage” means: 15
414	856
415		-	(IV) ESTABLISH THE TIME P ERIOD WITHIN WHICH T HE POWER 22
416		-	PLANT RESEARCH PROGRAM MUST MAKE THE DETERMINATION UNDER SUBSECTION 23
417		-	(F) OF THIS SECTION. 24
	857	+	(i) a subscriber’s accumulated electricity use in kilowatt–hours for 16
	858	+	the 12 months before the subscriber’s most recent subscription; or 17
418	859
419		-	(2) THE COMMISSION SHALL : 25
	860	+	(ii) for a subscriber that does not have a record of 12 months of 18
	861	+	electricity use at the time of the subscriber’s most recent subscription, an estimate of the 19
	862	+	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 20
	863	+	manner the Commission approves. 21
420	864
421		-	(I) CONSIDER THE PROPOSE D STANDARD SITING AN D DESIGN 26
422		-	REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS 27
423		-	DEVELOPED BY THE POWER PLANT RESEARCH PROGRAM IN ADOPTING T HE 28
424		-	REGULATIONS UNDER TH IS SUBSECTION; AND 29
	865	+	[(4)] (5) “Community solar energy generating system” means a solar 22
	866	+	energy system that: 23
425	867
426		-	(II) ENSURE REGULATIONS A DOPTED TO IMPLEMENT STANDARD 30
427		-	SITING AND DESIGN RE QUIREMENTS ARE CONSI STENT WITH § 7–218 OF THIS 31
428		-	SUBTITLE. 32 10 SENATE BILL 931
	868	+	(i) is connected to the electric distribution [grid] SYSTEM serving 24
	869	+	the State; 25
	870	+
	871	+	(ii) is located in the same electric service territory as its subscribers; 26
	872	+
	873	+	(iii) is attached to the electric meter of a subscriber or is a separate 27
	874	+	facility with its own electric meter; 28
	875	+
	876	+	(iv) credits its generated electricity, or the value of its generated 29
	877	+	electricity, to the bills of the subscribers to that system through virtual net energy 30
	878	+	metering; 31 20 SENATE BILL 931
429	879
430	880
431	881
432		-	(3) (I) THE COMMISSION, IN CONSULTATION WIT H THE POWER 1
433		-	PLANT RESEARCH PROGRAM, MAY PERIODICALLY SOL ICIT PUBLIC COMMENTS 2
434		-	REGARDING IMPROVEMEN TS TO THE STANDARD S ITING AND DESIGN 3
435		-	REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN. 4
	882	+	(v) has at least two subscribers but no limit to the maximum number 1
	883	+	of subscribers; 2
436	884
437		-	(II) THE PROCESS FOR SOLIC ITING PUBLIC COMMENT S UNDER 5
438		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE THE SAME AS T HE PROCESS FOR 6
439		-	SOLICITING PUBLIC CO MMENT REGARDING THE ADOPTION OF A REGULA TION. 7
	885	+	(vi) does not have subscriptions larger than 200 kilowatts 3
	886	+	constituting more than 60% of its kilowatt–hour output; 4
440	887
441		-	(4) (I) THE COMMISSION AND THE DEPARTMENT OF NATURAL 8
442		-	RESOURCES MAY JOINTLY SET AN APPLICATION F EE FOR A DGCPCN APPLICATION 9
443		-	AT AN AMOUNT THAT TH E COMMISSION AND THE DEPARTMENT OF NATURAL 10
444		-	RESOURCES DETERMINE M AY OFFSET THE ADMINI STRATIVE COSTS OF TH E 11
445		-	DGCPCN APPROVAL PROCESS THAT ARE INC URRED BY THE COMMISSION AND THE 12
446		-	DEPARTMENT OF NATURAL RESOURCES. 13
	888	+	(vii) has a generating capacity that does not exceed 5 megawatts as 5
	889	+	measured by the alternating current rating of the system’s inverter; 6
447	890
448		-	(II) THE ADMINISTRATIVE CO STS UNDER SUBPARAGRA PH (I) OF 14
449		-	THIS PARAGRAPH SHALL BE BASED ON AN ESTIM ATE OF THE NUMBER OF DGCPCN 15
450		-	APPLICATIONS THAT WI LL BE FILED WITH THE COMMISSION EACH YEAR . 16
	891	+	(viii) may be owned by any person; and 7
451	892
452		-	(D) (1) A PERSON MAY NOT BEGIN CONSTRUCTION OF A DI STRIBUTED 17
453		-	SOLAR ENERGY GENERAT ING SYSTEM UNLESS : 18
	893	+	(ix) with respect to community solar energy generating systems 8
	894	+	constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 9
	895	+	subscribers unless the solar energy system is wholly owned by the subscribers to the solar 10
	896	+	energy system. 11
454	897
455		-	(I) A DGCPCN IS FIRST OBTAINED FR OM THE COMMISSION IN 19
456		-	ACCORDANCE WITH THIS SECTION; OR 20
	898	+	[(5)] (6) “Consolidated billing” means a payment mechanism that 12
	899	+	requires an electric company to, at the request of a subscriber organization or subscription 13
	900	+	coordinator: 14
457	901
458		-	(II) A ~~CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY I S 21~~
459		-	~~FIRST OBTAINED FROM~~ THE ~~COMMISSION IN ACCORDA NCE WITH § 7–207 OF THIS 22~~
460		-	~~SUBTITLE. 23~~
	902	+	(i) include the monthly subscription charge of a subscriber 15
	903	+	organization or subscription coordinator on the monthly bills rendered by the electric 16
	904	+	company for electric service and supply to subscribers; and 17
461	905
462		-	(2) AT LEAST 30 DAYS BEFORE SUBMITTI NG AN APPLICATION FO R A 24
463		-	DGCPCN TO THE COMMISSION, THE APPLICANT SHALL SUBMIT A COPY OF THE 25
464		-	APPLICATION TO THE GOVERNING BODY OF TH E COUNTY IN WHICH TH E 26
465		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM IS PROPOSED TO BE LOCATED. 27
	906	+	(ii) remit payment for those charges to the subscriber organization 18
	907	+	or subscription coordinator. 19
466	908
467		-	(3) WHEN A PERSON SUBMITS AN APPLICATION FOR A DGCPCN TO 28
468		-	THE COMMISSION, THE PERSON SHALL SUB MIT A COPY OF THE AP PLICATION TO THE 29
469		-	POWER PLANT RESEARCH PROGRAM. 30
	909	+	[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 20
	910	+	Resources Article. 21
470	911
471		-	(E) (1) AFTER RECEIVING AN AP PLICATION FOR A DGCPCN BUT BEFORE 31
472		-	A DETERMINATION IS M ADE UNDER SUBSECTION (F) OF THIS SECTION , THE 32
473		-	COMMISSION SHALL PROV IDE AN OPPORTUNITY F OR PUBLIC COMMENT AN D HOLD A 33
474		-	PUBLIC HEARING ON AN APPLICATION FOR A DGCPCN IN EACH COUNTY IN WH ICH 34 SENATE BILL 931 11
	912	+	[(7)] (8) “LMI subscriber” means a subscriber that: 22
475	913
	914	+	(i) is low–income; 23
476	915
477		-	ANY PORTION OF THE C ONSTRUCTION OF THE D ISTRIBUTED SOLAR ENE RGY 1
478		-	GENERATING SYSTEM IS PROPOSED TO BE LOCAT ED. 2
	916	+	(ii) is moderate–income; or 24
479	917
480		-	(2) THE COMMISSION MAY HOLD T HE PUBLIC HEARING VI RTUALLY 3
481		-	RATHER THAN IN PERSO N IF THE COMMISSION PROVIDES A COMPARABLE 4
482		-	OPPORTUNITY FOR PUBL IC COMMENT AND PARTI CIPATION IN THE HEAR ING. 5
	918	+	(iii) resides in a census tract that is [an]: 25
483	919
484		-	(F) (1) AFTER AN APPLICATION FOR A DGCPCN IS FILED WITH THE 6
485		-	COMMISSION AND WITHIN THE TIME PERIOD SET BY THE COMMISSION UNDER 7
486		-	SUBSECTION (C)(1)(IV) OF THIS SECTION, THE POWER PLANT RESEARCH PROGRAM 8
487		-	SHALL: 9
	920	+	1. AN overburdened community; and 26
488	921
489		-	(I) DETERMINE WHETHER TH E DISTRIBUTED SOLAR ENERGY 10
490		-	GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 11
491		-	REQUIREMENTS FOR THE DGCPCN; AND 12
	922	+	2. AN underserved community. 27
492	923
493		-	(II) NOTIFY THE COMMISSION IN WRITING AS TO THE 13
494		-	DETERMINATION MADE U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING HOW AN 14
495		-	APPLICATION THAT IS DETERMINED NOT TO SA TISFY THE STANDARD S ITING AND 15
496		-	DESIGN REQUIREMENTS CAN CURE THE DEFICIE NCY. 16
	924	+	(9) “LOCAL GOVERNMENT ” MEANS: 28
497	925
498		-	(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 17
499		-	SUBSECTION, THE POWER PLANT RESEARCH PROGRAM SHALL CONSIDER PU BLIC 18
500		-	COMMENTS RECEIVED BY THE COMMISSION. 19
501		-
502		-	(G) (1) WITHIN 60 DAYS AFTER THE POWER PLANT RESEARCH PROGRAM 20
503		-	MAKES ITS DETERMINAT ION UNDER SUBSECTION (F)(1) OF THIS SECTION , THE 21
504		-	COMMISSION SHALL SCHE DULE A HEARING TO CO NSIDER THE APPLICATION FOR A 22
505		-	DGCPCN. 23
506		-
507		-	(2) (I) AT THE HEARING UNDER PARAGRAPH (1) OF THIS 24
508		-	SUBSECTION, THE COMMISSION SHALL DETE RMINE WHETHER THE PR OPOSED 25
509		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM SATISFIES THE STA NDARD 26
510		-	SITING AND DESIGN RE QUIREMENTS . 27
511		-
512		-	(II) THE COMMISSION SHALL ISSU E A DGCPCN TO AN 28
513		-	APPLICANT TO CONSTRU CT A PROPOSED DISTRI BUTED SOLAR ENERGY G ENERATING 29
514		-	SYSTEM SUBJECT TO TH E STANDARD LICENSING CONDITIONS IF THE COMMISSION 30
515		-	DETERMINES THAT THE PROPOSED DISTRIBUTED SOLAR ENERGY GENERAT ING 31
516		-	SYSTEM SATISFI ES THE STANDARD SITI NG AND DESIGN REQUIR EMENTS. 32
517		-
518		-	(III) THE COMMISSION MAY NOT IS SUE A DGCPCN TO AN 33
519		-	APPLICANT IF THE PRO POSED DISTRIBUTED SO LAR ENERGY GENERATIN G SYSTEM 34
520		-	DOES NOT SATISFY EAC H OF THE STANDARD SI TING AND DESIGN REQU IREMENTS. 35 12 SENATE BILL 931
	926	+	(I) A COUNTY; OR 29 SENATE BILL 931 21
521	927
522	928
523	929
524		-	(3) IN MAKING A DETERMINATI ON UNDER THIS SUBSEC TION, THE 1
525		-	COMMISSION SHALL CONS IDER PUBLIC COMMENTS RECEIVED BY THE COMMISSION 2
526		-	UNDER SUBSECTION (E) OF THIS SECTION. 3
	930	+	(II) A MUNICIPAL CORPORAT ION. 1
527	931
528		-	(H) (1) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION 4
529		-	SHALL REQUIRE THE PE RSON CONSTRUCTIN G THE DISTRIBUTED SO LAR ENERGY 5
530		-	GENERATING SYSTEM TO OBTAIN THE FOLLOWING PERMITS AND APPROVAL S FROM 6
531		-	THE COUNTY , MUNICIPAL CORPORATIO N, OR SOIL CONSERVATION DISTRICT IN 7
532		-	WHICH THE SYSTEM IS TO BE CONSTRUCTED : 8
	932	+	[(8)] (10) (9) “Low–income” means: 2
533	933
534		-	(I) SITE PLAN APPROVAL ; 9
	934	+	(i) having an annual household income that is at or below 200% of 3
	935	+	the federal poverty level; or 4
535	936
536		-	(II) STORMWATER MANAGEMENT PLAN APPR OVAL; 10
	937	+	(ii) being certified as eligible for any federal, State, or local 5
	938	+	assistance program that limits participation to households whose income is at or below 6
	939	+	200% of the federal poverty level. 7
537	940
538		-	(III) EROSION AND SEDIMENT CONTROL PLAN APPROVA L; 11
	941	+	[(9)] (11) (10) “Moderate–income” means having an annual household 8
	942	+	income that is at or below 80% of the median income for Maryland. 9
539	943
540		-	(IV) ALL APPLICABLE BUILD ING AND ELECTRICAL P ERMITS; AND 12
	944	+	[(10)] (12) (11) “Overburdened community” has the meaning stated in § 10
	945	+	1–701 of the Environment Article. 11
541	946
542		-	(V) ANY ADDITIONAL LOCAL PERMIT REQUIRED BY T HE 13
543		-	STANDARD LICENSING C ONDITIONS. 14
	947	+	[(11)] (13) (12) “Pilot program” means the program established under this 12
	948	+	section before July 1, 2023, and effective until the start of the Program established under 13
	949	+	subsection (d)(20) of this section. 14
544	950
545		-	(2) THE PROVISIONS OF § 7–207(H) OF THIS SUBTITLE SHA LL APPLY 15
546		-	TO ANY PERMITS AND A PPROVALS REQUIRED UN DER PARAGRAPH (1) OF THIS 16
547		-	SUBSECTION. 17
	951	+	[(12)] (14) (13) “Program” means the Community Solar Energy 15
	952	+	Generating Systems Program. 16
548	953
549		-	(I) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION HAS 18
550		-	THE SAME FORCE AND E FFECT AS A CERTIFICA TE OF PUBLIC CONVENI ENCE AND 19
551		-	NECESSITY ISSUED UNDER § 7–207 OF THIS SUBTITLE. 20
	954	+	[(13)] (15) (14) “Queue” means: 17
552	955
553		-	7–218. 21
	956	+	(i) the pilot program queue an electric company is required to 18
	957	+	maintain under COMAR 20.62.03.04; and 19
554	958
555		-	(A) ~~(1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22~~
556		-	~~INDICATED~~. 23
	959	+	(ii) a queue an electric company may be required to maintain under 20
	960	+	the Program. 21
557	961
558		-	(2) “~~AGRIVOLTAICS~~” ~~HAS THE MEANING STAT ED IN § 7–306.2~~ OF ~~THIS 24~~
559		-	~~TITLE. 25~~
	962	+	[(14)] (16) (15) “Subscriber” means a retail customer of an electric 22
	963	+	company that: 23
560	964
561		-	(2) ~~(3) “BROWNFIELDS~~ ~~SITE ” HAS THE MEANING STAT ED IN § 26~~
562		-	~~7–207 OF THIS SUBTITLE . 27~~
	965	+	(i) holds a subscription to a community solar energy generating 24
	966	+	system; and 25
563	967
564		-	(3) (4) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 28
565		-	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 29
566		-	SENATE BILL 931 13
	968	+	(ii) has identified one or more individual meters or accounts to which 26
	969	+	the subscription shall be attributed. 27
567	970
	971	+	[(15)] (17) (16) (I) “Subscriber organization” means: 28
568	972
569		-	(4) (5) “PRIORITY PRESERVATION AREA” MEANS AN AREA 1
570		-	CERTIFIED AS A PRIOR ITY PRESERVATION ARE A UNDER § 2–518 OF THE 2
571		-	AGRICULTURE ARTICLE. 3
572		-
573		-	(5) (6) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 4
574		-	CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 5
575		-	AND RELATED ACTIVITI ES FOR A PROJECT MAY OCCUR. 6
576		-
577		-	(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 7
578		-	PARCELS OR PROPERTIES UNDER THE SAME OWNERSHIP O R LEASE AGREEMENT . 8
579		-
580		-	(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 9
581		-	STATION THAT: 10
582		-
583		-	(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 11
584		-	MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 12
585		-	OF THE SYSTEM’S STATION’S INVERTER; 13
586		-
587		-	(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 14
588		-	WHOLESALE MARKET ; OR 15
589		-
590		-	(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 16
591		-	UNDER § 7–306.2 OF THIS TITLE; OR 17
592		-
593		-	(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 18
594		-	OF THIS TITLE; AND 19
595		-
596		-	(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 20
597		-	SITE OR BEHIND THE M ETER OF A RETAIL ELE CTRIC CUSTOMER . 21
598		-
599		-	(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 22
600		-	GENERATING STATION U NLESS: 23
601		-
602		-	(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 24
603		-	IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 25
604		-	THE CAPACITY TO PROD UCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 26
605		-	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 27
606		-	THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 28
607		-	ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 29
608		-
609		-	(2) (I) FOR A SOLAR ENERGY GENERAT ING STATION THAT HAS THE 30
610		-	CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 31
611		-	BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 32
612		-	14 SENATE BILL 931
613		-
614		-
615		-	(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 1
616		-	HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 2
617		-
618		-	(II) A DISTRIBUTED GENERA TION CERTIFICATE OF PUBLIC 3
619		-	CONVENIENCE AND NECE SSITY HAS BEEN ISSUE D IN ACCORDANCE WITH § 7–207.4 4
620		-	OF THIS SUBTITLE; OR 5
621		-
622		-	(III) THE CONSTRUCTION HAS BEEN APPROVED BY THE 6
623		-	COMMISSION IN ACCORDANCE WITH § 7–207.1 OF THIS SUBTITLE; AND 7
624		-
625		-	(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 8
626		-	PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 9
627		-
628		-	(D) ON RECEIPT OF AN APPL ICATION FOR APPROVAL UNDER THIS SECTION , 10
629		-	THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 11
630		-	APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 12
631		-
632		-	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 13
633		-	CORPORATION IN WHICH ANY PORTION OF THE S OLAR ENERGY GENERATI NG 14
634		-	STATION IS PROPOSED TO BE CONSTRUCTED ; 15
635		-
636		-	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
637		-	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R ENERGY 17
638		-	GENERATING STATION ; 18
639		-
640		-	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 19
641		-	PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERG Y GENERATING 20
642		-	STATION IS PROPOSED TO BE CONSTRUCTED ; 21
643		-
644		-	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
645		-	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 23
646		-	ENERGY GENERATING ST ATION; AND 24
647		-
648		-	(5) THE RESIDENTS AND PR OPERTY OWNERS WI THIN 1 MILE OF THE 25
649		-	PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 26
650		-
651		-	(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 27
652		-	THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACC ORDANCE 28
653		-	WITH § 7–207 OR, § 7–207.1, OR § 7–207.4 OF THIS SUBTITLE SHALL INCLU DE WITH 29
654		-	THE APPLICATION WRIT TEN DOCUMENTATION OR OTHER EVIDENCE SHOWI NG THAT 30
655		-	THE PROPOSED CONSTRU CTION MEETS THE REQU IREMENTS UNDER SUBSE CTIONS 31
656		-	(F) AND (G) OF THIS SECTION. 32
657		-	SENATE BILL 931 15
658		-
659		-
660		-	(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 1
661		-	CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 2
662		-	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 3
663		-	A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JURI SDICTION 4
664		-	SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER EVIDENCE 5
665		-	SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 6
666		-	SUBSECTIONS (F) AND (G) OF THIS SECTION. 7
667		-
668		-	(E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 8
669		-	VERIFYING WHETHER TH E DOCUMENTATION PROV IDED UNDER SUBSECTIO N (D) OF 9
670		-	THIS SECTION MEETS THE REQUIREMENTS UNDER S UBSECTIONS (F) AND (G) OF 10
671		-	THIS SECTION, THE COMMISSION OR LOCAL JURISDICTIO N SHALL: 11
672		-
673		-	(1) COMPLY WITH AND REQU IRE THE OWNER OF THE PROPOSED 12
674		-	SOLAR ENERGY GENERAT ING STATION TO COMPL Y WITH § 7–207(D) OF THIS 13
675		-	SUBTITLE; AND 14
676		-
677		-	(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY GENERATING 15
678		-	STATION IS IN AN ARE A CONSIDERED TO BE O VERBURDENED AND UNDE RSERVED, 16
679		-	AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE THE PERSON 17
680		-	CONSTRUCTING THE SOL AR ENERGY GENERATING STATION TO HOLD AT L EAST TWO 18
681		-	PUBLIC MEETINGS IN T HE COMMUNITY WHERE T HE SOLAR ENERGY GENE RATING 19
682		-	STATION IS TO BE LOC ATED TO COLLECT COMMUNITY FEEDBACK AND PROVIDE 20
683		-	OPPORTUNITIES TO ADD RESS COMMUNITY FEEDB ACK. 21
684		-
685		-	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 22
686		-	MEETINGS REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD: 23
687		-
688		-	1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 24
689		-	ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 25
690		-
691		-	2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 26
692		-	THE SOLAR ENERGY GEN ERATING STATION . 27
693		-
694		-	(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 28
695		-	GENERATING STATION C ANNOT FIND A MEETING LOCATION THAT MEETS THE 29
696		-	REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 30
697		-	SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 31
698		-	LOCATION OF THE PROPOSED SO LAR ENERGY GENERATIN G STATION. 32
699		-
700		-	(F) (1) THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS. 33
701		-
702		-	(2) AN EXCEPT AS PROVIDED IN PARAGRAPH (9) (10) OF THIS 34
703		-	SUBSECTION, AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 35 16 SENATE BILL 931
	973	+	(i) 1. a person that owns or operates a community solar energy 29
	974	+	generating system; or 30 22 SENATE BILL 931
704	975
705	976
706	977
707		-	(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 1
708		-	SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 2
709		-	DWELLINGS NOT AFFILI ATED WITH THE SOLAR ENERGY GENERATING ST ATION THE 3
710		-	NEAREST WALL OF A RE SIDENTIAL DWELLING ; 4
	978	+	(ii) 2. the collective group of subscribers of a community solar 1
	979	+	energy generating system. 2
711	980
712		-	(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 5
713		-	THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 6
714		-	AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 7
715		-	NOT INCLUDING PROPER TY LINES THAT BISECT THE INTERIOR OF A PR OJECT AREA; 8
	981	+	[(16)] (18) (II) “SUBSCRIBER ORGANIZATI ON” MAY INCLUDE A 3
	982	+	COUNTY OR MUNICIPAL CORPORATION . 4
716	983
717		-	(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 9
	984	+	(17) “Subscription” means the portion of the electricity generated by a 5
	985	+	community solar energy generating system that is credited to a subscriber. 6
718	986
719		-	A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 10
720		-	ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJ ACENT TO 11
721		-	A SOLAR ENERGY GENER ATING STATION; AND 12
	987	+	[(17)] (19) (18) “Subscription coordinator” means a person that: 7
722	988
723		-	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 13
	989	+	(i) markets community solar energy generating systems or 8
	990	+	otherwise provides services related to community solar energy generating systems under 9
	991	+	its own brand name; 10
724	992
725		-	C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 14
726		-	THE OWNER PROPOSES T O USE CHAIN LINK FEN CING; AND 15
	993	+	(ii) performs any administrative action to allocate subscriptions, 11
	994	+	connect subscribers with community solar energy generating systems, or enroll customers 12
	995	+	in the Program; or 13
727	996
728		-	~~D. THAT IS NOT LESS THA N 50 FEET AWAY FROM THE 16~~
729		-	~~EDGE OF ANY PUBLIC R OAD RIGHT–OF–WAY; AND 17~~
	997	+	(iii) manages interactions between a subscriber organization and an 14
	998	+	electric company or electricity supplier relating to subscribers. 15
730	999
731		-	2. MAY USE BARBED WIRE FENCING AROUND THE 18
732		-	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 19
733		-	INFRASTRUCTURE ; AND 20
	1000	+	[(18)] (20) (19) “Underserved community” has the meaning stated in § 16
	1001	+	1–701 of the Environment Article. 17
734	1002
735		-	(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 21
736		-	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . IN 22
737		-	ACCORDANCE WITH PARAGRAPH (3) (4) OF THIS SUBSECTION ; 23
	1003	+	[(19)] (21) (20) “Unsubscribed energy” means any community solar 18
	1004	+	energy generating system output in kilowatt–hours that is not allocated to any subscriber. 19
738	1005
739		-	(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 24
740		-	INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 25
741		-	ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDIN GS OR 26
742		-	FACILITIES WITHIN A PUBLIC ROAD RIGHT–OF–WAY; 27
	1006	+	[(20)] (22) (21) “Virtual net energy metering” means measurement of the 20
	1007	+	difference between the kilowatt–hours or value of electricity that is supplied by an electric 21
	1008	+	company and the kilowatt–hours or value of electricity attributable to a subscription to a 22
	1009	+	community solar energy generating system and fed back to the electric grid over the 23
	1010	+	subscriber’s billing period, as calculated under the tariffs established under subsections 24
	1011	+	(e)(2), (f)(2), and (g)(2) of this section. 25
743	1012
744		-	(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 28
745		-	ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 29
746		-	PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 30
747		-	DESIGNATED HERITAGE AREA, OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 31
748		-	ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 32
749		-	COUNTY REGISTER OF H ISTORIC PLACES; AND 33 SENATE BILL 931 17
	1013	+	(c) A community solar energy generating system, subscriber, subscriber 26
	1014	+	organization, or subscription coordinator is not: 27
750	1015
	1016	+	(1) an electric company; 28
751	1017
	1018	+	(2) an electricity supplier; or 29
752	1019
753		-	2. A. FOR A SOLAR ENERGY G ENERATING STATION 1
754		-	THAT HAS THE CAPACIT Y TO PRODUCE MORE TH AN 2 MEGAWATTS OF ELECTRI CITY 2
755		-	AS MEASURED B Y THE ALTERNATING CU RRENT OF THE STATION ’S INVERTER, SHALL 3
756		-	INCLUDE IN THE APPLI CATION SUBMITTED UND ER SUBSECTION (C)(2) OF THIS 4
757		-	SECTION A VIEWSHED A NALYSIS FOR ANY AREA , STRUCTURE, OR SITE SPECIFIED IN 5
758		-	ITEM 1 OF THIS ITEM; AND 6
759		-
760		-	B. FOR A SOLAR ENERGY G ENERATING STATION THA T 7
761		-	HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 MEGAWATTS OF ELECTRI CITY AS 8
762		-	MEASURED BY THE ALTE RNATING CURRENT OF T HE STATION’S INVERTER, SHALL 9
763		-	INCLUDE IN AN APPLIC ATION FOR A SITE DEV ELOPMENT PLAN A VIEW SHED 10
764		-	ANALYSIS FOR ANY ARE A, STRUCTURE, OR SITE SPECIFIED IN ITEM 1 OF THIS ITEM; 11
765		-	AND 12
766		-
767		-	(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 13
768		-	ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 14
769		-	COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 15
770		-	CONSTRUCTED , INCLUDING A MAP OF T HE PROPOSED GENERATI NG STATION AND 16
771		-	THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 17
772		-
773		-	(2) (3) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A 18
774		-	BERM FOR A SOLAR ENE RGY GENERATING STATI ON APPROVED UNDER TH IS 19
775		-	SECTION. 20
776		-
777		-	(3) (4) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 21
778		-	PARAGRAPH (1)(IV) (2)(IV) OF THIS SUBSECTION S HALL: 22
779		-
780		-	(I) BE NOT MORE THAN 25 FEET IN DEPTH; 23
781		-
782		-	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 24
783		-	SOLAR ENERGY GENERAT ING SYSTEM; 25
784		-
785		-	(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 26
786		-	OVERSTORY AND UNDERS TORY TREES; AND 27
787		-
788		-	(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 28
789		-	LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET BE NOT MORE 29
790		-	THAN 35 FEET WIDE; 30
791		-
792		-	(II) BE PROVIDED ALONG : 31
793		-
794		-	1. ALL PROPERTY LINES ; 32
795		-	18 SENATE BILL 931
796		-
797		-
798		-	2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 1
799		-	SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 2
800		-	50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 3
801		-
802		-	3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 4
803		-	FOR THE SOLAR ENERG Y GENERATING STATION IF THE OWNER DEMONST RATES 5
804		-	THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 6
805		-
806		-	(III) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 7
807		-	SOLAR ENERGY GENERAT ING STATION; 8
808		-
809		-	(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 9
810		-
811		-	(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 10
812		-	OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 11
813		-
814		-	1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 12
815		-	VEGETATION; 13
816		-
817		-	2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 14
818		-
819		-	3. ARE MORE THAN 4 FEET IN HEIGHT AT PLANTING; 15
820		-
821		-	4. ARE DESIGNED TO PROV IDE SCREENING OR 16
822		-	BUFFERING WITHIN 5 YEARS OF PLANTING ; 17
823		-
824		-	5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 18
825		-	OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 19
826		-	SCREEN; 20
827		-
828		-	6. CONFORM TO THE PLANT SIZE SPECIFICATIONS 21
829		-	ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1); 22
830		-	AND 23
831		-
832		-	7. ARE SPECIFIED IN A L ANDSCAPING PLAN PREP ARED 24
833		-	BY A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 25
834		-
835		-	(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTIO N PROCESS 26
836		-	AS PRACTICABLE AND BEFORE THE ACTIVATION OF TH E PROPOSED SOLAR ENE RGY 27
837		-	GENERATING STATION ; 28
838		-
839		-	(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 29
840		-	SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 30 SENATE BILL 931 19
841		-
842		-
843		-	HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCR EENING OR 1
844		-	LANDSCAPE BUFFERING IS REQUIRED; AND 2
845		-
846		-	(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 3
847		-	FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING SYSTEM STATION THROUGH A 4
848		-	MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 5
849		-
850		-	(4) (5) WITH RESPECT TO THE SITE ON WHICH A SOLAR ENERGY 6
851		-	GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 7
852		-	SOLAR ENERGY GENERAT ING STATION: 8
853		-
854		-	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 9
855		-	POSSIBLE; 10
856		-
857		-	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 11
858		-	MOVE OR TEMPORARILY STO CKPILE TOPSOIL FOR G RADING; 12
859		-
860		-	(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 13
861		-	NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 14
862		-	PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 15
863		-	THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 16
864		-
865		-	(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 17
866		-	LANDSCAPING ; 18
867		-
868		-	(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 19
869		-	AND NOXIOUS SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF 20
870		-	AGRICULTURE ’S WEED CONTROL PROGR AM; AND 21
871		-
872		-	(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 22
873		-	SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 23
874		-	OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 24
875		-	GENERATING STATION I S LOCATED. 25
876		-
877		-	(5) (6) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 26
878		-	PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 27
879		-	REQUIRED UNDER PARAG RAPH (4)(VI) (5)(VI) OF THIS SUBSECTION F OR 5 YEARS. 28
880		-
881		-	(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 29
882		-	LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 30
883		-	90% SURVIVAL THRESHOLD . 31
884		-
885		-	(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 32
886		-	UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 33 20 SENATE BILL 931
887		-
888		-
889		-	BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 1
890		-	AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 2
891		-	90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 3
892		-
893		-	(6) AN OWNER OF A SOLAR E NERGY GENERATING STA TION SHALL 4
894		-	COMPLY WITH ALL STATE LAWS RELATING T O: 5
895		-
896		-	(I) STORMWATER MANAGEMENT ; 6
897		-
898		-	(II) EROSION AND SEDIMENT CONTROL; 7
899		-
900		-	(III) SITE STABILIZATION ; 8
901		-
902		-	(IV) IMPACTS ON SOIL DENS ITY AND COMPACTION ; AND 9
903		-
904		-	(V) IMPACTS ON GROUND CO VER UNDER THE PANELS . 10
905		-
906		-	(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 11
907		-	THE SOLAR ENERGY GENERATING ST ATION MAY NOT EMIT V ISIBLE LIGHT DURING 12
908		-	DUSK TO DAWN OPERATI ONS. 13
909		-
910		-	(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 14
911		-
912		-	1. EQUIPMENT NECESSARY FOR INTERCONNECTION 15
913		-	WITH THE ELECTRIC SY STEM; OR 16
914		-
915		-	2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 17
916		-	LAND THAT ARE IS ALSO USED FOR AGRICU LTURAL PURPOSES . 18
917		-
918		-	(II) A PROPOSED SOLAR ENERG Y GENERATING STATION AND 19
919		-	ANY ACCESSORY STRUCT URES ASSOCIATED WITH THE STATION MUST HAV E AN 20
920		-	AVERAGE HEIGHT OF NO T MORE THAN 15 FEET. 21
921		-
922		-	(9) SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS: 22
923		-
924		-	(I) SHALL BE MEASURED FR OM THE PROPERTY BOUN DARY TO 23
925		-	THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 24
926		-	FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 25
927		-	TRANSMIT ELECTRICITY; AND 26
928		-
929		-	(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 27
930		-	FACILITY THAT CONNEC TS A SOLAR ENERGY GE NERATING STATION TO THE 28
931		-	ELECTRIC SYSTEM . 29
932		-	SENATE BILL 931 21
933		-
934		-
935		-	(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 1
936		-	STATION MAY PROVIDE TO THE COMMISSION O R LOCAL JURISDICTION WRITTEN 2
937		-	DOCUMENTATION OF A S ITING AGREEMENT : 3
938		-
939		-	1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 4
940		-	PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 5
941		-
942		-	2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 6
943		-	THAN THOSE SPECIFIED UNDER THIS SUBSECTION . 7
944		-
945		-	(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 8
946		-	PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 9
947		-	DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 10
948		-	THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CO NSIDERED AS 11
949		-	MEETING THE REQUIREM ENTS OF THIS SUBSECT ION. 12
950		-
951		-	(G) AN OWNER OF A SOLAR E NERGY GENERATING STA TION: 13
952		-
953		-	(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 14
954		-	COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 15
955		-
956		-	(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 16
957		-	MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSION ING 17
958		-	THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 18
959		-	LESS ANY SALVAGE VAL UE; AND 19
960		-
961		-	(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 20
962		-	YEARS. 21
963		-
964		-	(H) (1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 22
965		-	SUBSECTION, A LOCAL JURISDICTION M AY NOT: 23
966		-
967		-	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 24
968		-	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 25
969		-	GENERATING STATIONS ; OR 26
970		-
971		-	(II) DENY SITE DEVELOPMEN T PLANS FOR SOLAR EN ERGY 27
972		-	GENERATING STATIONS THAT MEET THE REQUIR EMENTS OF SUBSECTION (F) OF 28
973		-	THIS SECTION. 29
974		-
975		-	(2) A LOCAL JURISDICTION S HALL: 30
976		-	22 SENATE BILL 931
977		-
978		-
979		-	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 1
980		-	DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF THOSE PL ANS 2
981		-	MEET THE REQUIREMENT S OF THIS SECTION; AND 3
982		-
983		-	(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 4
984		-	GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 5
985		-	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 6
986		-	INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 7
987		-	USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 8
988		-
989		-	(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 9
990		-	A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 10
991		-	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 11
992		-	INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 12
993		-	AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 13
994		-
995		-	(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 14
996		-	GROWTH AREA ADOPTED UNDE R § 1–506 OF THE LAND USE ARTICLE; 15
997		-
998		-	(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 16
999		-	RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 17
1000		-	ARTICLE; OR 18
1001		-
1002		-	(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 19
1003		-
1004		-	(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 20
1005		-	GENERATING STATIONS THAT MAY BE APPROVED FOR CONSTRUCTION IN A 21
1006		-	PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 22
1007		-	SHALL: 23
1008		-
1009		-	1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 24
1010		-	OF THE PRIORIT Y PRESERVATION AREA ; 25
1011		-
1012		-	2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 26
1013		-	PRIORITY PRESERVATIO N AREA; AND 27
1014		-
1015		-	3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 28
1016		-
1017		-	(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 29
1018		-	SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESERVATIO N 30
1019		-	AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 31
1020		-	HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 32
	1020	+	(3) a generating station if: 30
1021	1021		SENATE BILL 931 23
1022	1022
1023	1023
1024		-	(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 1
1025		-	5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HAS BEEN 2
1026		-	ACHIEVED FOR A PRIOR ITY PRESERVATION ARE A. 3
	1024	+	(I) the generating capacity of the community solar energy 1
	1025	+	generating system does not exceed 2 megawatts; OR 2
1027	1026
1028		-	(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 4
1029		-	SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 5
1030		-	PROPERTY TAXES . 6
	1027	+	(II) THE COMMUNITY SOLAR ENERGY GENERATING SY STEM IS 3
	1028	+	LOCATED ON THE ROOFT OP OF A BUILDING . 4
1031	1029
1032		-	(2) A SOLAR ENERGY ~~GENERAT ING STATION MAY BE REQUIRED BY A 7~~
1033		-	~~LOCAL JURISDICTION T O MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 8~~
1034		-	~~MEGAWATT OF ENERGY G ENERATED FROM~~ THE ~~SO LAR ENERGY GENERATIN G 9~~
1035		-	~~STATION THIS SUBSECTION DOES NOT APPLY~~ TO ~~AGRIVOL TAICS,~~ ~~AS DEFINED IN § 10~~
1036		-	~~7–306.2 OF THIS TITLE , THAT ARE LOCATED ON LAND ASSE SSED FOR 11~~
1037		-	~~AGRICULTURAL USE , OTHER THAN USE AS AN APIARY OR A POLLINAT OR HABITAT, 12~~
1038		-	~~UNDER § 8–209 OF THE TAX – PROPERTY ARTICLE~~. 13
	1030	+	(d) (7) (I) Any unsubscribed energy generated by a community solar energy 5
	1031	+	generating system that is not owned by an electric company shall CREATE BANKED BILL 6
	1032	+	CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 7
	1033	+	DATE THAT THE BANKED BILL CREDIT WAS CREA TED, MAY BE ALLOCATED TO ONE 8
	1034	+	OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCRIPT ION 9
	1035	+	COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 10
	1036	+	SYSTEM. 11
1039	1037
1040		-	(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 14
1041		-	ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 15
1042		-	APPROVAL PROCESS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLI C 16
1043		-	CONVENIENCE AND NECE SSITY. 17
	1038	+	(II) THE GENERATION ASSOCI ATED WITH A BANKED B ILL 12
	1039	+	CREDIT NOT ALLOCATED TO A SUBSCRIBER WITH IN 1 YEAR AFTER THE DATE THAT 13
	1040	+	THE BANKED BILL CRED IT WAS CREATE D SHALL be purchased under the electric 14
	1041	+	company’s process for purchasing the output from qualifying facilities at the amount it 15
	1042	+	would have cost the electric company to procure the energy. 16
1044	1043
1045		-	7–219. 18
	1044	+	(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 17
	1045	+	AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 18
	1046	+	LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 19
1046	1047
1047		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
1048		-	INDICATED. 20
	1048	+	(I) STATES WHETHER : 20
1049	1049
1050		-	~~(2) “ENERGY STORAGE DEVICE ” HAS~~ THE ~~MEANING STAT ED IN §~~ 21
1051		-	~~7–216 OF THIS SUBTITLE .~~ 22
	1050	+	1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 21
	1051	+	ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 22
1052	1052
1053		-	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 23
1054		-	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 24
	1053	+	2. THE LOCAL GOVERNMENT OR IT S DESIGNEE WILL 23
	1054	+	SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 24
	1055	+	ENROLLMENT PROJECTS OWNED BY A THIRD PAR TY; AND 25
1055	1056
1056		-	(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 25
1057		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 26
1058		-	HAS BEEN APP ROVED BY THE COMMISSION IN ACCORDA NCE WITH REGULATIONS 27
1059		-	ADOPTED UNDER THIS SECTION. 28
	1057	+	(II) DESCRIBES THE MECHAN ISM BY WHICH THE LOC AL 26
	1058	+	GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 27
1060	1059
1061		-	(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 29
1062		-	CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 30
1063		-	STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL PROVIDE 31
1064		-	IMMEDIATE NOTICE OR REQUIRE THE APPLICAN T TO PROVIDE IMMEDIA TE NOTICE 32
1065		-	OF THE APPLICATION T O: 33
	1060	+	(2) AN AUTOMA TIC ENROLLMENT PROJE CT SHALL UTILIZE 28
	1061	+	CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 29
	1062	+	AUTOMATIC ENROLLMENT SUBSCRIBERS . 30
	1063	+
	1064	+	(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESI GNEE TO 31
	1065	+	IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENR OLLMENT 32
	1066	+	PROJECT. 33
1066	1067		24 SENATE BILL 931
1067	1068
1068	1069
1069		-	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 1
1070		-	CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 2
1071		-	PROPOSED TO BE CONST RUCTED; 3
	1070	+	(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 1
	1071	+	FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALLY ENR OLLED FOR 2
	1072	+	A SUBSCRIPTION TO TH E AUTOMATIC ENROLLME NT PROJECT, SUBJECT TO THE 3
	1073	+	FOLLOWING CONDITIONS : 4
1072	1074
1073		-	(2) ~~THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 4~~
1074		-	~~CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 5~~
1075		-	~~STORAGE DEVICE~~ ; 6
	1075	+	(I) AUTOMATIC ENROLLMENT SUBSCRIBE RS MUST BE 5
	1076	+	RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 6
	1077	+	DWELLING UNITS ; 7
1076	1078
1077		-	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 7
1078		-	PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 8
1079		-	PROPOSED TO BE CONST RUCTED; 9
	1079	+	(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 8
	1080	+	MUST BE LMI SUBSCRIBERS ; 9
1080	1081
1081		-	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 10
1082		-	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 11
1083		-	STORAGE DEVICE ; AND 12
	1082	+	(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 10
	1083	+	ENROLLED AS SUBSCRIBERS TO THE AUTOMATIC ENR OLLMENT PROJECT MUST BE 11
	1084	+	WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPANY WHERE T HE 12
	1085	+	AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 13
1084	1086
1085		-	(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 13
1086		-	COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 14
1087		-	ENERGY STORAGE DEVIC E. 15
	1087	+	(IV) SUBSCRIBERS MAY DECL INE OR OPT OUT FROM A 14
	1088	+	SUBSCRIPTION TO THE AUTOMATIC ENROLL MENT PROJECT AT ANY TIME; 15
1088	1089
1089		-	(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 16
1090		-	SECTION, THE COMMISSION SHALL : 17
	1090	+	(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 16
	1091	+	REQUEST TO OPT OUT O F A SUBSCRIPTION BY PHONE, IN WRITING, OR ONLINE 17
	1092	+	THROUGH A WEBSITE MA INTAINED BY THE LOCA L GOVERNMENT OR ITS DESIGNEE; 18
	1093	+	AND 19
1091	1094
1092		-	(1) ~~IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS,~~ 18
1093		-	~~COMPLY WITH AND REQUIRE THE APPLICAN T TO COMPLY WITH § 7–207(D) OF THIS 19~~
1094		-	~~SUBTITLE; 20~~
	1095	+	(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 20
	1096	+	PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 21
	1097	+	PROJECT. 22
1095	1098
1096		-	(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 21
1097		-	ENERGY STORAGE DEVIC E IS IN AN AREA CONS IDERED TO BE OVERBUR DENED AND 22
1098		-	UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 23
1099		-	THE APPLICANT TO HOL D AT LEAST TWO PUBLI C MEETINGS IN THE CO MMUNITY 24
1100		-	WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 25
	1099	+	(5) A LOCAL GOVERNMENT OR ITS DESIGNEE MAY VER IFY THE 23
	1100	+	INCOME OF A PROSPECT IVE SUBSCRIBER FOR E LIGIBILITY AS AN LMI SUBSCRIBER 24
	1101	+	USING ONE OF THE FOL LOWING METHODS: 25
1101	1102
1102		-	(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 26
1103		-	DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRI CITY 27
1104		-	GENERATING STATION F ROM THE MEETING REQU IREMENTS OF THIS SUB SECTION. 28
	1103	+	(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 26
	1104	+	OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 27
1105	1105
1106		-	(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 29
1107		-	STORAGE DEVICE THAT WILL NOT BE CON STRUCTED AT A COMMERCIAL OR 30
1108		-	INDUSTRIAL LOCATION : 31
	1106	+	(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 28
	1107	+	SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 29
1109	1108
1110		-	(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING: 32
	1109	+	(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 30
	1110	+	GOVERNMENT . 31
1111	1111
1112		-	A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 33 SENATE BILL 931 25
	1112	+	(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 32
	1113	+	THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT O R ITS DESIGNEE SHALL 33 SENATE BILL 931 25
1113	1114
1114	1115
	1116	+	PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SE LECTED 1
	1117	+	SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 2
1115	1118
1116		-	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 1
	1119	+	(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 3
	1120	+	SHALL INCLUDE : 4
1117	1121
1118		-	2. MAY USE BARBED WIRE FENCING AROUND THE 2
1119		-	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 3
1120		-	INFRASTRUCTURE ; AND 4
	1122	+	(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 5
	1123	+	ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 6
1121	1124
1122		-	(II) SHALL PROVIDE FOR A LAN DSCAPING BUFFER OR 5
1123		-	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 6
	1125	+	(II) A STATEMENT THAT THE PROSPECTIVE SUBSCRIB ER HAS 7
	1126	+	THE RIGHT TO OPT OUT OF THE AUTOMATIC ENROLL MENT PROJECT AT ANY TIME, 8
	1127	+	BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 9
	1128	+	BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 10
1124	1129
1125		-	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 7
1126		-	FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 8
1127		-	THIS SECTION. 9
	1130	+	(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 11
	1131	+	PROCEDURES OF THE AU TOMATIC ENROLLMENT PROJ ECT; 12
1128	1132
1129		-	(3) ~~THE BUFFE R REQUIRED IN PARAGR APH (1)(II) OF THIS 10~~
1130		-	~~SUBSECTION SHALL : 11~~
	1133	+	(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 13
	1134	+	REQUEST; AND 14
1131	1135
1132		-	(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 12
	1136	+	(V) A CONTACT NAME , PHONE NUMBER , AND E–MAIL ADDRESS 15
	1137	+	FOR SUBSCRIBER INQUI RIES AND COMPLAINTS . 16
1133	1138
1134		-	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 13
1135		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 14
	1139	+	(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 17
	1140	+	OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 18
	1141	+	SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 19
	1142	+	SUBSECTION BY : 20
1136	1143
1137		-	(4) WITH RESPECT TO THE S ITE ON WHICH AN A 15
1138		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 16
1139		-	CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 17
	1144	+	(I) PROVIDING ACCESS TO : 21
1140	1145
1141		-	~~(I) SHALL MINIMIZE GRADI NG TO~~ THE ~~MAXIMUM EX TENT 18~~
1142		-	~~POSSIBLE~~; 19
	1146	+	1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 22
	1147	+	MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 23
1143	1148
1144		-	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 20
1145		-	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FOR GRA DING; AND 21
	1149	+	2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 24
	1150	+	THAT MAY BE AUTOMATI CALLY ENROLLED IN TH E AUTOMATIC ENROLLME NT 25
	1151	+	PROJECT; 26
1146	1152
1147		-	(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 22
1148		-	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 23
1149		-	CONTROL PROGRAM . 24
	1153	+	3. PARTICIPATION IN ENE RGY ASSISTANCE PROGR AMS; 27
1150	1154
1151		-	(F) (1) A LOCAL JURISDICTION M AY NOT: 25
1152		-
1153		-	(I) ADOPT ZONING LAWS OR OTHER LAWS OR RE GULATIONS 26
1154		-	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 27
1155		-	ENERGY STORAGE DEVIC ES; OR 28
	1155	+	4. SUBSCRIPTIONS TO COM MUNITY SO LAR ENERGY 28
	1156	+	GENERATING SYSTEMS ; 29
1156	1157		26 SENATE BILL 931
1157	1158
1158	1159
1159		-	~~(II) DENY SITE DEVELOPMEN T PLANS~~ FOR 1
1160		-	~~FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET~~ THE 2
1161		-	~~REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION.~~ 3
	1160	+	5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 1
	1161	+	AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 2
	1162	+	APPLICABLE; AND 3
1162	1163
1163		-	(2) A LOCAL JURISDICTION S HALL: 4
	1164	+	6. ANY OTHER REASONABLE INFORMATION REQUIRED 4
	1165	+	BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 5
	1166	+	AUTOMATIC ENROLLMENT PROJECT; AND 6
1164	1167
1165		-	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 5
1166		-	DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 6
1167		-	THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 7
	1168	+	(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 7
	1169	+	GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 8
	1170	+	PROJECT AT THE SUBSC RIPTION SIZE IDENTIF IED BY THE LOCAL GOV ERNMENT OR 9
	1171	+	ITS DESIGNEE. 10
1168	1172
1169		-	(II) ~~ADOPT STANDARD PROCE SSES FOR~~ THE ~~REVIEW~~ AND 8
1170		-	~~APPROVAL OF SITE DEVELOP MENT PLANS FOR THE C~~ ~~ONSTRUCTION OF 9~~
1171		-	~~FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES~~. 10
	1173	+	(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 11
	1174	+	ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PROJECT IS NOT 12
	1175	+	SUBJECT TO COMAR 20.62.05. 13
1172	1176
1173		-	(G) THE COMMISSION MAY WAIVE OR MODIFY THE REQUIR EMENTS UNDER 11
1174		-	SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 12
	1177	+	7–320. 14
1175	1178
1176		-	(H) ~~THE COMMISSION SHALL ADOP T REGULATIONS~~ TO ~~CAR RY OUT THIS 13~~
1177		-	~~SECTION~~. 14
	1179	+	(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 15
	1180	+	ENERGY GENERATING SY STEMS. 16
1178	1181
1179		-	7–306.2. 15
	1182	+	(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 17
	1183	+	GENERATING SYSTEMS S HALL: 18
1180	1184
1181		-	(a) (1) In this section the following words have the meanings indicated. 16
	1185	+	(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 19
	1186	+	ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 20
1182	1187
1183		-	(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 17
	1188	+	(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 21
	1189	+	PRODUCTS OR COMPONENT S OF THE SYSTEM; 22
1184	1190
1185		-	~~1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 18~~
1186		-	~~ACCORDANCE WITH COMAR 18.02.03 AND~~ OR ~~THE MARYLAND ASSESSMENT 19~~
1187		-	~~PROCEDURES MANUAL~~; AND 20
	1191	+	(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 23
	1192	+	WEATHER–ADJUSTED ENERGY PROD UCTION THE BUYER OR LESSEE MAY EXPECT 24
	1193	+	FROM THE SYSTEM ; AND 25
1188	1194
1189		-	2. for both solar power generation and: 21
	1195	+	(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 26
	1196	+	COMPLIANT WITH ALL FEDERAL , STATE, AND LOCAL LAWS REGAR DING 27
	1197	+	WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTEMS , AND 28
	1198	+	ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 29
1190	1199
1191		-	(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 22
1192		-	seeds, tobacco, or vegetables; 23
1193		-
1194		-	(ii) B. raising poultry, including chickens and turkeys, for meat 24
1195		-	or egg production; 25
1196		-
1197		-	(iii) C. dairy production, such as the raising of milking cows; 26
1198		-
1199		-	(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 27
1200		-
1201		-	(v) E. horse boarding, breeding, or training; 28
1202		-
1203		-	(vi) F. turf farming; 29 SENATE BILL 931 27
	1200	+	(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 30
	1201	+	MARYLAND DEPARTMENT OF LABOR SHALL: 31
	1202	+	SENATE BILL 931 27
1204	1203
1205	1204
	1205	+	(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 1
	1206	+	CONTRACTOR LICENSE FOR THE INSTALLATION AND MAINTENANCE OF 2
	1207	+	RESIDENTIAL ROOFTOP SOLAR ENERGY GENERAT ING SYSTEMS; AND 3
1206	1208
1207		-	(vii) G. raising ornamental shrubs, plants, or flowers, including 1
1208		-	aquatic plants; 2
	1209	+	(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IN DIVIDUALS 4
	1210	+	INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 5
	1211	+	GENERATING SYSTEMS . 6
1209	1212
1210		-	(viii) H. aquaculture; 3
	1213	+	(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIRE MENTS OF THIS 7
	1214	+	SECTION SHALL PAY A FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION . 8
1211	1215
1212		-	~~(ix) I.~~ ~~silviculture; or 4~~
	1216	+	Article – State Government 9
1213	1217
1214		-	(x) J. any other activity UNDER COMAR 18.02.03 OR THE 5
1215		-	MARYLAND ASSESSMENT PROCEDURES MANUAL THAT IS recognized by the 6
1216		-	Department of Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE 7
1217		-	MARYLAND ASSESSMENT PROCEDURES MANUAL. 8
	1218	+	9–2017. 10
1218	1219
1219		-	(II) “AGRIVOLTAICS” DOES NOT INCLUDE THE SIMULTANEOUS 9
1220		-	USE OF AREAS OF LAND FOR BOTH SOLAR POWER GEN ERATION AND: 10
	1220	+	(A) ON OR BEFORE DECEMBER 1, 2026 2025, TO ASSIST THE STATE IN 11
	1221	+	MEETING ITS SOLAR EN ERGY COMMITMENTS UND ER TITLE 7, SUBTITLE 7 OF THE 12
	1222	+	PUBLIC UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 13
	1223	+	CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 14
	1224	+	DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 15
	1225	+	UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 16
	1226	+	LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 17
1221	1227
1222		-	1. APIARIES; OR 11
	1228	+	(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 18
	1229	+	RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 19
	1230	+	THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 20
	1231	+	SHALL ANALYZE LAND O WNED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 21
	1232	+	SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 22
	1233	+	ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 23
	1234	+	ARTICLE. 24
1223	1235
1224		-	2. ~~POLLINATOR HABITAT . 12~~
	1236	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 25
1225	1237
1226		-	(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 13
1227		-	SOLAR ENERGY GENERAT ING SYSTEM: 14
	1238	+	(a) The Public Service Commission shall conduct a study to establish a process by 26
	1239	+	which the Commission may establish power purchase agreements, partnerships between 27
	1240	+	electric companies and electricity suppliers, or other procurement models for electricity 28
	1241	+	generation projects. 29
1228	1242
1229		-	(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRI BERS ARE 15
1230		-	AUTOMATICALLY ENROLL ED; AND 16
	1243	+	(b) The process established under subsection (a) of this section shall: 30
1231	1244
1232		-	(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 17
1233		-	GOVERNMENT ; OR 18
1234		-
1235		-	2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 19
1236		-	SERVES AS THE SUBSCR IPTION COORDINATOR . 20
1237		-
1238		-	(4) (3) “Baseline annual usage” means: 21
1239		-
1240		-	(i) a subscriber’s accumulated electricity use in kilowatt–hours for 22
1241		-	the 12 months before the subscriber’s most recent subscription; or 23
1242		-
1243		-	(ii) for a subscriber that does not have a record of 12 months of 24
1244		-	electricity use at the time of the subscriber’s most recent subscription, an estimate of the 25
1245		-	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 26
1246		-	manner the Commission approves. 27
1247		-
1248		-	[(4)] (5) (4) “Community solar energy generating system” means a solar 28
1249		-	energy system that: 29
	1245	+	(1) include a method for determining whether a partnership for a 31
	1246	+	generating station any of the procurement models specified in subsection (a) of this section 32
	1247	+	will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 33
	1248	+	supply in the State that is accredited by PJM Interconnection, LLC; 34
1250	1249		28 SENATE BILL 931
1251	1250
1252	1251
1253		-	(i) is connected to the electric distribution [grid] SYSTEM serving 1
1254		-	the State; 2
	1252	+	(2) require that a generating station constructed by a partnership under 1
	1253	+	any of the procurement models specified in subsection (a) of this section be connected to the 2
	1254	+	electric distribution system in the State; 3
1255	1255
1256		-	(ii) is located in the same electric service territory as its subscribers; 3
	1256	+	(3) require that the an electricity supplier in a partnership with an electric 4
	1257	+	company construct the generating station; 5
1257	1258
1258		-	(iii) is attached to the electric meter of a subscriber or is a separate 4
1259		-	facility with its own electric meter; 5
	1259	+	(4) require that the an electricity supplier and electric company in a 6
	1260	+	partnership using a procurement model specified in subsection (a) of this section jointly 7
	1261	+	seek and receive a positive credit rating assessment from a credit rating agency; 8
1260	1262
1261		-	(iv) credits its generated electricity, or the value of its generated 6
1262		-	electricity, to the bills of the subscribers to that system through virtual net energy 7
1263		-	metering; 8
	1263	+	(5) require that the Public Service Commission expedite all proceedings for 9
	1264	+	the review and approval of a certificate of public convenience and necessity for a generating 10
	1265	+	station proposed by a partnership under any of the procurement models specified in 11
	1266	+	subsection (a) of this section and prioritize these proceedings, if necessary, over other 12
	1267	+	matters; 13
1264	1268
1265		-	(v) has at least two subscribers but no limit to the maximum number 9
1266		-	of subscribers; 10
	1269	+	(6) require that the Public Service Commission take final action on a 14
	1270	+	certificate of public convenience and necessity for a generating station proposed by a 15
	1271	+	partnership under any of the procurement models specified in subsection (a) of this section 16
	1272	+	not later than 180 days after the Public Service Commission determines that the generating 17
	1273	+	station qualifies as a partnership to procurement model will provide resource adequacy; 18
1267	1274
1268		-	(vi) does not have subscriptions larger than 200 kilowatts 11
1269		-	constituting more than 60% of its kilowatt–hour output; 12
	1275	+	(7) require a State agency or other person to submit any filing to intervene 19
	1276	+	in an application for a certificate of public convenience and necessity for a generating 20
	1277	+	station proposed by a partnership under any of the procurement models specified in 21
	1278	+	subsection (a) of this section no later than 90 days after the Public Service Commission 22
	1279	+	determines that the proposed generating station qualifies as a partnership to procurement 23
	1280	+	model will provide resource adequacy; 24
1270	1281
1271		-	(vii) has a generating capacity that does not exceed 5 megawatts as 13
1272		-	measured by the alternating current rating of the system’s inverter; 14
	1282	+	(8) require the Public Service Commission, the Department of the 25
	1283	+	Environment, the Department of Natural Resources, and any other impacted State agency 26
	1284	+	to expedite any regulatory requirements or decisions; 27
1273	1285
1274		-	(viii) may be owned by any person; and 15
	1286	+	(9) require an electric company to expedite any processes needed to connect 28
	1287	+	a generating station proposed by a partnership under any of the procurement models 29
	1288	+	specified in subsection (a) of this section to the electric transmission system; and 30
1275	1289
1276		-	(ix) with respect to community solar energy generating systems 16
1277		-	constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 17
1278		-	subscribers unless the solar energy system is wholly owned by the subscribers to the solar 18
1279		-	energy system. 19
	1290	+	(10) identify the potential rate impact and prioritize potential partnerships 31
	1291	+	procurement models specified in subsection (a) of this section that have little or no impact 32
	1292	+	on customer rates. 33
1280	1293
1281		-	[(5)] (6) “Consolidated billing” means a payment mechanism that 20
1282		-	requires an electric company to, at the request of a subscriber organization or subscription 21
1283		-	coordinator: 22
1284		-
1285		-	(i) include the monthly subscription charge of a subscriber 23
1286		-	organization or subscription coordinator on the monthly bills rendered by the electric 24
1287		-	company for electric service and supply to subscribers; and 25
1288		-
1289		-	(ii) remit payment for those charges to the subscriber organization 26
1290		-	or subscription coordinator. 27
1291		-
1292		-	[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 28
1293		-	Resources Article. 29
1294		-
1295		-	[(7)] (8) “LMI subscriber” means a subscriber that: 30
1296		-
1297		-	(i) is low–income; 31
	1294	+	(c) On or before December 1, 2026, the Public Service Commission shall report to 34
	1295	+	the Governor and, in accordance with § 2–1257 of the State Government Article, the 35
	1296	+	General Assembly on the results of the study. 36
1298	1297		SENATE BILL 931 29
1299	1298
1300	1299
1301		-	(ii) is moderate–income; or 1
	1300	+	SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 1
	1301	+	or contract right may not be impaired in any way by this Act. 2
1302	1302
1303		-	(iii) resides in a census tract that is [an]: 2
1304		-
1305		-	1. AN overburdened community; and 3
1306		-
1307		-	2. AN underserved community. 4
1308		-
1309		-	(9) “LOCAL GOVERNMENT ” MEANS: 5
1310		-
1311		-	(I) A COUNTY; OR 6
1312		-
1313		-	(II) A MUNICIPAL CORPORAT ION. 7
1314		-
1315		-	[(8)] (10) (9) “Low–income” means: 8
1316		-
1317		-	(i) having an annual household income that is at or below 200% of 9
1318		-	the federal poverty level; or 10
1319		-
1320		-	(ii) being certified as eligible for any federal, State, or local 11
1321		-	assistance program that limits participation to households whose income is at or below 12
1322		-	200% of the federal poverty level. 13
1323		-
1324		-	[(9)] (11) (10) “Moderate–income” means having an annual household 14
1325		-	income that is at or below 80% of the median income for Maryland. 15
1326		-
1327		-	[(10)] (12) (11) “Overburdened community” has the meaning stated in § 16
1328		-	1–701 of the Environment Article. 17
1329		-
1330		-	[(11)] (13) (12) “Pilot program” means the program established under this 18
1331		-	section before July 1, 2023, and effective until the start of the Program established under 19
1332		-	subsection (d)(20) of this section. 20
1333		-
1334		-	[(12)] (14) (13) “Program” means the Community Solar Energy 21
1335		-	Generating Systems Program. 22
1336		-
1337		-	[(13)] (15) (14) “Queue” means: 23
1338		-
1339		-	(i) the pilot program queue an electric company is required to 24
1340		-	maintain under COMAR 20.62.03.04; and 25
1341		-
1342		-	(ii) a queue an electric company may be required to maintain under 26
1343		-	the Program. 27
1344		-
1345		-	[(14)] (16) (15) “Subscriber” means a retail customer of an electric 28
1346		-	company that: 29 30 SENATE BILL 931
1347		-
1348		-
1349		-
1350		-	(i) holds a subscription to a community solar energy generating 1
1351		-	system; and 2
1352		-
1353		-	(ii) has identified one or more individual meters or accounts to which 3
1354		-	the subscription shall be attributed. 4
1355		-
1356		-	[(15)] (17) (16) (I) “Subscriber organization” means: 5
1357		-
1358		-	(i) 1. (I) a person that owns or operates a community solar energy 6
1359		-	generating system; or 7
1360		-
1361		-	(ii) 2. (II) the collective group of subscribers of a community solar 8
1362		-	energy generating system. 9
1363		-
1364		-	[(16)] (18) (II) “SUBSCRIBER ORGANIZATI ON” MAY INCLUDE A 10
1365		-	COUNTY OR MUNICIPAL CORPORATION . 11
1366		-
1367		-	(17) (16) “Subscription” means the portion of the electricity generated by 12
1368		-	a community solar energy generating system that is credited to a subscriber. 13
1369		-
1370		-	[(17)] (19) (18) “Subscription coordinator” means a person that: 14
1371		-
1372		-	(i) markets community solar energy generating systems or 15
1373		-	otherwise provides services related to community solar energy generating systems under 16
1374		-	its own brand name; 17
1375		-
1376		-	(ii) performs any administrative action to allocate subscriptions, 18
1377		-	connect subscribers with community solar energy generating systems, or enroll customers 19
1378		-	in the Program; or 20
1379		-
1380		-	(iii) manages interactions between a subscriber organization and an 21
1381		-	electric company or electricity supplier relating to subscribers. 22
1382		-
1383		-	[(18)] (20) (19) “Underserved community” has the meaning stated in § 23
1384		-	1–701 of the Environment Article. 24
1385		-
1386		-	[(19)] (21) (20) “Unsubscribed energy” means any community solar 25
1387		-	energy generating system output in kilowatt–hours that is not allocated to any subscriber. 26
1388		-
1389		-	[(20)] (22) (21) “Virtual net energy metering” means measurement of the 27
1390		-	difference between the kilowatt–hours or value of electricity that is supplied by an electric 28
1391		-	company and the kilowatt–hours or value of electricity attributable to a subscription to a 29
1392		-	community solar energy generating system and fed back to the electric grid over the 30
1393		-	subscriber’s billing period, as calculated under the tariffs established under subsections 31
1394		-	(e)(2), (f)(2), and (g)(2) of this section. 32 SENATE BILL 931 31
1395		-
1396		-
1397		-
1398		-	(c) A community solar energy generating system, subscriber, subscriber 1
1399		-	organization, or subscription coordinator is not: 2
1400		-
1401		-	(1) an electric company; 3
1402		-
1403		-	(2) an electricity supplier; or 4
1404		-
1405		-	(3) a generating station if: 5
1406		-
1407		-	(I) the generating capacity of the community solar energy 6
1408		-	generating system does not exceed 2 megawatts; OR 7
1409		-
1410		-	(II) THE COMMUNITY SOLAR ENERGY GENERATING SY STEM IS 8
1411		-	LOCATED ON THE ROOFT OP OF A BUILDING . 9
1412		-
1413		-	(d) (7) (I) Any unsubscribed energy generated by a community solar energy 10
1414		-	generating system that is not owned by an electric company shall CREATE BANKED BILL 11
1415		-	CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 12
1416		-	DATE THAT THE BANKED BILL CREDIT WAS CRE ATED, MAY BE ALLOCATED TO ONE 13
1417		-	OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCR IPTION 14
1418		-	COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 15
1419		-	SYSTEM. 16
1420		-
1421		-	(II) THE GENERATION ASSOCI ATED WITH A BANKED B ILL 17
1422		-	CREDIT NOT ALLOCATED TO A SUBSCRIBER WITHIN 1 YEAR AFTER THE DATE THAT 18
1423		-	THE BANKED BILL CRED IT WAS CREATED SHALL be purchased under the electric 19
1424		-	company’s process for purchasing the output from qualifying facilities at the amount it 20
1425		-	would have cost the electric company to procure the energy. 21
1426		-
1427		-	(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 22
1428		-	AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 23
1429		-	LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 24
1430		-
1431		-	(I) STATES WHETHER : 25
1432		-
1433		-	1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 26
1434		-	ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 27
1435		-
1436		-	2. THE LOCAL GOVERNMENT OR ITS DESIGNEE WILL 28
1437		-	SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 29
1438		-	ENROLLMENT PROJECTS OWNED BY A THIRD PAR TY; AND 30
1439		-
1440		-	(II) DESCRIBES THE MECHAN ISM BY WHIC H THE LOCAL 31
1441		-	GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 32 32 SENATE BILL 931
1442		-
1443		-
1444		-
1445		-	(2) AN AUTOMATIC ENROLLME NT PROJECT SHALL UTI LIZE 1
1446		-	CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 2
1447		-	AUTOMATIC ENROLLMENT SUBSCRIBERS . 3
1448		-
1449		-	(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESIGNEE TO 4
1450		-	IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENROLLM ENT 5
1451		-	PROJECT. 6
1452		-
1453		-	(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 7
1454		-	FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALLY ENR OLLED FOR 8
1455		-	A SUBSCRIPTION TO TH E AUTOMATIC ENROL LMENT PROJECT , SUBJECT TO THE 9
1456		-	FOLLOWING CONDITIONS : 10
1457		-
1458		-	(I) AUTOMATIC ENROLLMENT SUBSCRIBERS MUST BE 11
1459		-	RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 12
1460		-	DWELLING UNITS ; 13
1461		-
1462		-	(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 14
1463		-	MUST BE LMI SUBSCRIBERS; 15
1464		-
1465		-	(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 16
1466		-	ENROLLED AS SUBSCRIB ERS TO THE AUTOMATIC ENROLLMENT PROJECT M UST BE 17
1467		-	WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPANY WHERE T HE 18
1468		-	AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 19
1469		-
1470		-	(IV) SUBSCRIBERS MAY DECLINE OR OP T OUT FROM A 20
1471		-	SUBSCRIPTION TO THE AUTOMATIC ENROLLMENT PROJECT AT ANY TIME ; 21
1472		-
1473		-	(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 22
1474		-	REQUEST TO OPT OUT O F A SUBSCRIPTION BY PHONE, IN WRITING, OR ONLINE 23
1475		-	THROUGH A WEBSITE MA INTAINED BY THE LOCAL GOVERNMENT OR ITS DESIGNEE; 24
1476		-	AND 25
1477		-
1478		-	(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 26
1479		-	PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 27
1480		-	PROJECT. 28
1481		-
1482		-	(5) A LOCAL GOVERNMENT OR ITS DESIGNEE MAY VER IFY THE 29
1483		-	INCOME OF A PROSPECT IVE SUBSCRIBER FOR ELIGIBILITY AS A N LMI SUBSCRIBER 30
1484		-	USING ONE OF THE FOL LOWING METHODS : 31
1485		-
1486		-	(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 32
1487		-	OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 33 SENATE BILL 931 33
1488		-
1489		-
1490		-
1491		-	(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 1
1492		-	SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 2
1493		-
1494		-	(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 3
1495		-	GOVERNMENT . 4
1496		-
1497		-	(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 5
1498		-	THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT O R ITS DESIGNEE SHALL 6
1499		-	PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SELECTED 7
1500		-	SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 8
1501		-
1502		-	(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 9
1503		-	SHALL INCLUDE : 10
1504		-
1505		-	(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 11
1506		-	ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 12
1507		-
1508		-	(II) A STATEMENT THAT THE P ROSPECTIVE SUBSCRIBE R HAS 13
1509		-	THE RIGHT TO OPT OUT OF THE AUTOMATIC ENR OLLMENT PROJECT AT A NY TIME, 14
1510		-	BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 15
1511		-	BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 16
1512		-
1513		-	(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 17
1514		-	PROCEDURES OF THE AU TOMATIC ENROLLMENT P ROJECT; 18
1515		-
1516		-	(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 19
1517		-	REQUEST; AND 20
1518		-
1519		-	(V) A CONTACT NAME , PHONE NUMBER , AND E–MAIL ADDRESS 21
1520		-	FOR SUBSCRIBER INQUI RIES AND COM PLAINTS. 22
1521		-
1522		-	(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 23
1523		-	OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 24
1524		-	SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 25
1525		-	SUBSECTION BY : 26
1526		-
1527		-	(I) PROVIDING ACCESS TO : 27
1528		-
1529		-	1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 28
1530		-	MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 29
1531		-	34 SENATE BILL 931
1532		-
1533		-
1534		-	2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 1
1535		-	THAT MAY BE AUTOMATI CALLY ENROLLED IN TH E AUTOMATIC ENROLLME NT 2
1536		-	PROJECT; 3
1537		-
1538		-	3. PARTICIPATION IN ENERGY ASSISTANCE PR OGRAMS; 4
1539		-
1540		-	4. SUBSCRIPTIONS TO COM MUNITY SOLAR ENERGY 5
1541		-	GENERATING SYSTEMS ; 6
1542		-
1543		-	5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 7
1544		-	AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 8
1545		-	APPLICABLE; AND 9
1546		-
1547		-	6. ANY OTHER REASONABLE INFORMATION REQUIRED 10
1548		-	BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 11
1549		-	AUTOMATIC ENROLLMENT PROJECT; AND 12
1550		-
1551		-	(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 13
1552		-	GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 14
1553		-	PROJECT AT THE SUBSCRIPTION S IZE IDENTIFIED BY TH E LOCAL GOVERNMENT O R 15
1554		-	ITS DESIGNEE. 16
1555		-
1556		-	(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 17
1557		-	ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PROJECT IS NOT 18
1558		-	SUBJECT TO COMAR 20.62.05. 19
1559		-
1560		-	7–320. 20
1561		-
1562		-	(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 21
1563		-	ENERGY GENERATING SY STEMS. 22
1564		-
1565		-	(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 23
1566		-	GENERATING SYSTEMS S HALL: 24
1567		-
1568		-	(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 25
1569		-	ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 26
1570		-
1571		-	(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 27
1572		-	PRODUCTS OR COMPONEN TS OF THE SYSTEM ; 28
1573		-
1574		-	(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 29
1575		-	WEATHER–ADJUSTED ENERGY PROD UCTION THE BUYER OR LESSEE MAY EXPECT 30
1576		-	FROM THE SYSTEM ; AND 31
1577		-	SENATE BILL 931 35
1578		-
1579		-
1580		-	(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 1
1581		-	COMPLIANT WITH ALL F EDERAL, STATE, AND LOCAL LAWS REGAR DING 2
1582		-	WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTEMS , AND 3
1583		-	ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 4
1584		-
1585		-	(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 5
1586		-	MARYLAND DEPARTMENT OF LABOR SHALL: 6
1587		-
1588		-	(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 7
1589		-	CONTRACTOR LICENSE FOR THE INSTALLATION AND MAINTENANCE OF 8
1590		-	RESIDENTIAL ROOFTOP SOLAR ENERGY GENERATING SYSTEMS ; AND 9
1591		-
1592		-	(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IND IVIDUALS 10
1593		-	INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 11
1594		-	GENERATING SYSTEMS . 12
1595		-
1596		-	(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIRE MENTS OF THIS 13
1597		-	SECTION SHALL PAY A FINE NOT EXCE EDING $1,000 FOR EACH VIOLATION . 14
1598		-
1599		-	Article – State Government 15
1600		-
1601		-	9–2017. 16
1602		-
1603		-	(A) ON OR BEFORE DECEMBER 1, 2026 2025, TO ASSIST THE STATE IN 17
1604		-	MEETING ITS SOLAR EN ERGY COMMITMENTS UND ER TITLE 7, SUBTITLE 7 OF THE 18
1605		-	PUBLIC UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 19
1606		-	CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 20
1607		-	DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 21
1608		-	UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 22
1609		-	LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 23
1610		-
1611		-	(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 24
1612		-	RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 25
1613		-	THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 26
1614		-	SHALL ANALYZE LAND O WNED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 27
1615		-	SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 28
1616		-	ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 29
1617		-	ARTICLE. 30
1618		-
1619		-	SECTION 2. AND BE IT FURTHER ENACTED, That: 31
1620		-
1621		-	(a) The Public Service Commission shall conduct a study to establish a process by 32
1622		-	which the Commission may establish power purchase agreements, partnerships between 33 36 SENATE BILL 931
1623		-
1624		-
1625		-	electric companies and electricity suppliers, or other procurement models for electricity 1
1626		-	generation projects. 2
1627		-
1628		-	(b) The process established under subsection (a) of this section shall: 3
1629		-
1630		-	(1) include a method for determining whether a partnership for a 4
1631		-	generating station any of the procurement models specified in subsection (a) of this section 5
1632		-	will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 6
1633		-	supply in the State that is accredited by PJM Interconnection, LLC; 7
1634		-
1635		-	(2) require that a generating station constructed by a partnership under 8
1636		-	any of the procurement models specified in subsection (a) of this section be connected to the 9
1637		-	electric distribution system in the State; 10
1638		-
1639		-	(3) require that the an electricity supplier in a partnership with an electric 11
1640		-	company construct the generating station; 12
1641		-
1642		-	(4) require that the an electricity supplier and electric company in a 13
1643		-	partnership using a procurement model specified in subsection (a) of this section jointly 14
1644		-	seek and receive a positive credit rating assessment from a credit rating agency; 15
1645		-
1646		-	(5) require that the Public Service Commission expedite all proceedings for 16
1647		-	the review and approval of a certificate of public convenience and necessity for a generating 17
1648		-	station proposed by a partnership under any of the procurement models specified in 18
1649		-	subsection (a) of this section and prioritize these proceedings, if necessary, over other 19
1650		-	matters; 20
1651		-
1652		-	(6) require that the Public Service Commission take final action on a 21
1653		-	certificate of public convenience and necessity for a generating station proposed by a 22
1654		-	partnership under any of the procurement models specified in subsection (a) of this section 23
1655		-	not later than 180 days after the Public Service Commission determines that the generating 24
1656		-	station qualifies as a partnership to procurement model will provide resource adequacy; 25
1657		-
1658		-	(7) require a State agency or other person to submit any filing to intervene 26
1659		-	in an application for a certificate of public convenience and necessity for a generating 27
1660		-	station proposed by a partnership under any of the procurement models specified in 28
1661		-	subsection (a) of this section no later than 90 days after the Public Service Commission 29
1662		-	determines that the proposed generating station qualifies as a partnership to procurement 30
1663		-	model will provide resource adequacy; 31
1664		-
1665		-	(8) require the Public Service Commission, the Department of the 32
1666		-	Environment, the Department of Natural Resources, and any other impacted State agency 33
1667		-	to expedite any regulatory requirements or decisions; 34
1668		-
1669		-	(9) require an electric company to expedite any processes needed to connect 35
1670		-	a generating station proposed by a partnership under any of the procurement models 36
1671		-	specified in subsection (a) of this section to the electric transmission system; and 37 SENATE BILL 931 37
1672		-
1673		-
1674		-
1675		-	(10) identify the potential rate impact and prioritize potential partnerships 1
1676		-	procurement models specified in subsection (a) of this section that have little or no impact 2
1677		-	on customer rates. 3
1678		-
1679		-	(c) On or before December 1, 2026, the Public Service Commission shall report to 4
1680		-	the Governor and, in accordance with § 2–1257 of the State Government Article, the 5
1681		-	General Assembly on the results of the study. 6
1682		-
1683		-	SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 7
1684		-	or contract right may not be impaired in any way by this Act. 8
1685		-
1686		-	SECTION 4. AND BE IT FURTHER ENACTED, That: 9
1687		-
1688		-	(a) The Public Service Commission shall conduct a study on the feasibility of and 10
1689		-	technical barriers to establishing within the Commission a community solar automatic 11
1690		-	enrollment program for local jurisdictions. 12
1691		-
1692		-	(b) In conducting the study under subsection (a) of this section, the Commission 13
1693		-	shall consider: 14
1694		-
1695		-	(1) how low–to–moderate income subscribers would be subscribed under the 15
1696		-	program; 16
1697		-
1698		-	(2) whether subscribers automatically enrolled in the program should 17
1699		-	receive a bill credit; 18
1700		-
1701		-	(3) how to ensure that local jurisdictions comply with all parameters of the 19
1702		-	program; and 20
1703		-
1704		-	(4) any necessary notification requirements and consumer protections that 21
1705		-	the program should have. 22
1706		-
1707		-	(c) On or before July 1, 2026, the Public Service Commission shall report to the 23
1708		-	Governor and, in accordance with § 2–1257 of the State Government Article, the General 24
1709		-	Assembly on the results of the study. 25
1710		-
1711		-	SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 26
1712		-	be applied or interpreted to have any effect on or application to the construction or 27
1713		-	modification of a solar energy generating system that was submitted for a certificate of public 28
1714		-	convenience and necessity from the Public Service Commission or a required permit from a 29
1715		-	local government before July 1, 2025. 30
1716		-
1717		-	SECTION 6. AND BE IT FURTHER ENACTED, That the meeting and notification 31
1718		-	requirements that a proposed solar energy generating system must satisfy under Section 1 32
1719		-	of this Act shall be deemed to be satisfied for a proposed solar energy generating system 33
1720		-	whose owner, operator, or other person responsible for the system has, on or before June 30, 34 38 SENATE BILL 931
1721		-
1722		-
1723		-	2025, and in accordance with an existing entitlement process, sent notifications to or held 1
1724		-	meetings in the overburdened community or underserved community in which the system is 2
1725		-	proposed to be located. 3
1726		-
1727		-	SECTION 7. AND BE IT FURTHER ENACTED, That provisions relating to § 4
1728		-	7–207.4 of the Public Utilities Article in Section 1 of this Act may not be applied or 5
1729		-	interpreted to have any effect on or application to the construction or modification of any 6
1730		-	solar energy generating system for which a certificate of public convenience and necessity or 7
1731		-	other required approval was obtained before the effective date of the regulations adopted by 8
1732		-	the Public Service Commission under § 7–207.4(c) of the Public Utilities Article, as enacted 9
1733		-	by Section 1 of this Act. 10
1734		-
1735		-	SECTION 4. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
1736		-	October July 1, 2025. 12
	1303	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act sh all take effect 3
	1304	+	October 1, 2025. 4
1737	1305
1738	1306
1739	1307
1740	1308
1741	1309		Approved:
1742	1310		________________________________________________________________________________
1743	1311		Governor.
1744	1312		________________________________________________________________________________
1745	1313		President of the Senate.
1746	1314		________________________________________________________________________________
1747	1315		Speaker of the House of Delegates.